Hewitt v. Mills
Indiana Court of Appeals
From Whitley Circuit Court; J. W. Adair, Judge. Action by John Hewitt and others against Elizabeth Mills and others. Erom a judgment for defendants, plaintiff alone prosecutes a vacation appeal.
1Opinion of the CourtHenley, J.
The motion to dismiss this appeal is sustained for two reasons: -(1) This being a vacation appeal, it was necessary, in order to give the court jurisdiction, that appellant should have made all his co-parties to the judgment co-appellants with him in this court. This he has not done. Owen v. Dresback, 154 Ind. 392, and cases cited. (2) Appellee Jennie C. Lawrence., in whose favor a judgment was rendered against appellant, died after the rendition of said judgment, and before the filing of the record in this court. Appellant made no attempt to proceed under §648 Burns 1894, but prosecuted his…
2Cases cited2 opinions
- Doble v. BrownIndiana Court of Appeals · 1898
- Owen v. DresbackIndiana Supreme Court · 1900
3Cited by4 opinions
- Bruiletts Creek Coal Co. v. PomattoIndiana Supreme Court · 1909
- Hurst v. HawkinsIndiana Court of Appeals · 1906
- Ehlers v. HartmanIndiana Court of Appeals · 1906
- Laporte Land Co. v. MorrisonIndiana Supreme Court · 1906