Carr v. Schneider's Estate

Indiana Court of Appeals

Carr v. Schneider's Estate

51 N.E.2d 392, 114 Ind. App. 149, 1943 Ind. App. LEXIS 111

Indiana Court of Appeals·Decided November 18, 1943·No. No. 17,154.·Published·Cited by 7 cases

Opinion

Flanagan, 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.

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Flanagan, 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.

Carr v. Schneider's Estate, 51 N.E.2d 392, 114 Ind. App. 149, 1943 Ind. App. LEXIS 111 (Ind. Ct. App. 1943).

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Opinion

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