Hayes v. Adams

Appellants were remonstrators in a drainage proceeding. Appellees have filed a motion to dismiss the appeal, one of the grounds therefor being that this court does not have jurisdiction to consider the appeal on its merits because not all parties .to the judgment have been named in the assignment of errors. Appellees contend that more than ninety persons listed in the petition to dismiss were parties to the judgment but are not named in the assignment of errors.

Rule 2-8 of the Rules of the Supreme Court, 1940 Revision, provides that “The assignment of errors shall contain the full names of…