South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-12-15
Both Judges, Ford and Funk,
Declare Ali Appeal Bonds
Must be Signed by Judge
of Lower Court.
TWO APPEALS DISMISSED
ON CITY'S CONTENTION
Custom of City Clerk Signing
transcripts and Bonds
Has Been in Force For
Twelve Years.

Change in the city court pro-
cedure in granting appeals TO the
two higher courts of the county,
which has been in force for about
- years. will have to be made as
the result of decisions that have
been rendered by Judge Walter A.
Funk of circuit court, and Judge
George Ford or superior court.
Both OF the courts have held that
transcripts and bonds in appeal
cases that are approved by the city
clerk rather than the city judge are
void.
Judge Fords decision to this eff
feet was made Thursday afternoon
i'm the case of the City of South
Bend VS. David Fetters, who appeal
ed TO the superior court when he
was found guilty of violating a traf-
fic ordinance by Judge Herbert ID.
Warner in police court last June.
Both the transcript and the appeal
bond were held to be void by the
judge on the ground that Judge
Warner had not approved either of
them.
Fetters was accused of falling TO
obey the signal of the traffic police
man at the corner of Washington
av. and Main st. He was fined 81
and costs and Immediately filed an
appeal bond OF 500. When the at
torneys in the case came before
Judge Ford to argue the issues in
the case. City Atty Eli F. Seebirt
raised the question of the validity
of the bond and the transcript. Ac-
cOrding to Mr.. Seebirt the first de-
cision rendering bonds and trans
cripts void unless they were signed
by the city judge was given by a
court in central Indiana
Judge Must Sign Papers.
In arguing the point to Judge
Ford, the city attorney showed that
according TO Burns revised statutes,
the transcript and bond in an ap-
peal from a city court must be APP
proved in the same manner as in an
appeal from a justice of the peace
court. He said that when an appeal
was taken from a justice court, the
justice of the peace was required to
approve the bond and transcript
and that the two papers in an APP
peal from a city court must be sign
ed by the judge Of the court and not
by the city clerk.
Attorneys said Friday that the
custom of the city clerk signing the
papers in appeal cases had been in
force in the South Bend city court
for years and that no objection TO
the procedure ever had been raised
before. With the judges of the two
highest courts in the county hold
ing the same way in regard TO the
matter, it will be necessary for the
judge of the city court to sign his
name to the papers rather than al
lowing the clerk TO do it,
Judge Funk's ruling in the mat
ter was given in the case of the
City of South Bend VS.. Israel 7.
CHASER, who was charged with con-
Quoting a livery stable in the resi-
dence district, in violation of a city
ordinance. CHASER was found guilty
and appealed TO the circuit court.
The appeal was dismissed on the
motion of City Atty. Seebirt on the
same grounds
Although the decisions of both OF
the judges were made on cases m
volving violation of city ordinances.
which come under the legal head Of
civil suits. MIR. Seebirt contends that
the same rule VIII affect criminal
cases. He said Friday morning that
the class OF the case would have no
effect on the ruling in regard 10
bonds and transcripts.
in discussing the new rulings Fri
day morning. several attorneys
raised the question as 10 the forfeit
OF the bond on which the offender is
released pending the hearing OF the
appeal in the higher court. one OF
them contended that the b0ndsman
could not be held responsible when
the higher court refused 10 accept
the bond when il was not approved
by the proper authority.
About nine cases will have TO be
dismissed here because of the rul-
ings of the higher courts. Only so
days are allowed for the perfec-
ton OF appeals and in all OF the
appeals that are now pending in the
circuit and superior courts the al
Lifted time Is nm