Hewitt v. Mills

Indiana Court of Appeals

Hewitt v. Mills

60 N.E. 1098, 27 Ind. App. 218, 1901 Ind. App. LEXIS 41

CourtIndiana Court of Appeals

DecidedJune 27, 1901

DocketNo. 4,004

StatusPublished

Cited by4 cases

This text of 60 N.E. 1098 (Hewitt v. Mills) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hewitt v. Mills, 60 N.E. 1098, 27 Ind. App. 218, 1901 Ind. App. LEXIS 41 (Ind. Ct. App. 1901).

Pincite

Opinion

Henley, 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 appeal against Jennie C. Lawrence, who, at the time the appeal was taken, was dead. In such a case this court does not acquire jurisdiction of the appeal. Doble v. Brown, 20 Ind. App. 12, and cases cited.

The appeal is dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

Henley, 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 appeal against Jennie C. Lawrence, who, at the time the appeal was taken, was dead. In such a case this court does not acquire jurisdiction of the appeal. Doble v. Brown, 20 Ind. App. 12, and cases cited.

The appeal is dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

60 N.E. 1098, 27 Ind. App. 218, 1901 Ind. App. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hewitt-v-mills-indctapp-1901.

Opinion

Related

Cite This Page — Counsel Stack