Legal Opinion

Carr v. Schneider's Estate

Indiana Court of Appeals

Decided November 18, 1943No. 17,154PublishedCited by 7 opinions

1Opinion of the CourtFlanagan, J.

The only party appellee designates in the assignment of errors is “The Estate of Onie May Schneider, deceased.”

1-3. The estate of a decedent cannot be a party to an action without some representative. The assignment of errors is appellant’s complaint on appeal and must contain the names of all parties to the appeal. There being no appellee here this appeal must be dismissed. Dallam v. Stockewell’s Estate (1904), 33 Ind. App. 620, 71 N. E. 911.

Appeal dismissed.

Note. — Reported in 51 N. E. (2d) 392.

2Cases cited1 opinion

  1. Dallam v. Estate of StockwellIndiana Court of Appeals · 1904

3Cited by7 opinions

  1. Baugher v. Hall, Receiver, Etc.Indiana Supreme Court · 1958
  2. Otolski v. Estate of NowickiIndiana Court of Appeals · 1959
  3. Wilson v. Estate of WL KingsIndiana Court of Appeals · 1960
  4. Pasley v. American Underwriters, Inc.Indiana Court of Appeals · 1982
  5. Estate of Gordon v. NicholsonIndiana Court of Appeals · 1961

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