Duncan v. Alderson
Indiana Court of Appeals
From Hancock Circuit Court; Robert L. Mason, Judge. Application by Arch Duncan, against which W. L. Aider-son and others remonstrate. From a judgment for remonstrants, the applicant appeals.
1Opinion of the CourtComstock, C. J.
Appellees move to dismiss this appeal, for the reason that the assignment of errors does not comply -with rule six of this court, in this: That the full name of each party to the proceeding affected by the appeal is not set out in the assignment of errors.
The names of two remonstrators are set out in the assignment, and it appears from the record that there were others. No excuse is shown for the failure to comply with the rule. Under the decisions, the motion must he sustained. Ewbank’s Manual §§13, 120, 126, 146, 226; Rule VI of the Supreme and Appellate Courts; Barnett v. Bromley Mfg. Co.…
2Cases cited7 opinions
- Gourley v. EmbreeIndiana Supreme Court · 1894
- McClure v. Shelburn Coal Co.Indiana Supreme Court · 1897
- Big Four Building & Loan Ass'n v. OlcottIndiana Supreme Court · 1896
- Barnett v. Bromley Manufacturing Co.Indiana Supreme Court · 1898
- Hutts v. MartinIndiana Supreme Court · 1895
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3Cited by2 opinions
- Jenkins v. SteeleIndiana Court of Appeals · 1913
- Klotz v. SchellenbergerIndiana Supreme Court · 1913