Legal Opinion

Pope v. Voigt

Indiana Court of Appeals

Decided January 5, 1912No. 7,406PublishedCited by 7 opinions

Action by George EL Yoigt against Henry L. E. Pope and others. Prom a judgment for plaintiff, certain defendants appeal.

1Opinion of the CourtIbach, P. J.

Appellee has moved to dismiss this appeal, and assigns as one of his reasons, that this court has no jurisdiction, since this is a vacation appeal, and Urban Ewing Marshall, one of the parties against whom judgment *177was rendered, is not made a party to the appeal by naming him in the assignment of errors.

Appellants argue that Urban Ewing Marshall is a nonresident of the State, upon whom no personal service of summons was had; that the only notice he had was constructive notice, and as uncjbr §399 Burns 1908, §390 R. S. 1881, “no personal judgment shall be rendered against a defendant…

2Cases cited5 opinions

  1. Holloran v. Midland Railway Co.Indiana Supreme Court · 1891
  2. Gourley v. EmbreeIndiana Supreme Court · 1894
  3. Brown v. BrownIndiana Supreme Court · 1907
  4. Doble v. BrownIndiana Court of Appeals · 1898
  5. Queen v. LipinskeyIndiana Court of Appeals · 1896

3Cited by7 opinions

  1. Jenkins v. SteeleIndiana Court of Appeals · 1913
  2. Steel v. YoderIndiana Court of Appeals · 1915
  3. City of Decatur v. EadyIndiana Court of Appeals · 1914
  4. Smith v. HibbenIndiana Court of Appeals · 1914
  5. Crouch v. ShantzIndiana Court of Appeals · 1916

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