Leary v. Richcreek
This text of 59 N.E. 35 (Leary v. Richcreek) 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.
Opinion
This was a proceeding by appellee against appellants to foreclose a lien for street improvements. Appellant the State Life Insurance Company did not appear, and was defaulted; as to the other parties the issues were formed and a trial resulted in a finding and judgment in favor of appellee.
The assignment of errors is joint as to all of the appellants (defendants below). Its specifications are (1) that the court erred in overruling the demurrer of the appellants and each of them to the complaint; (2) in overruling the separate demurrer of Ellen Leary; (3) in overruling the separate demurrer of Patrick Leary; (I) in overruling the motion of appellants Leary to modify the judgment.
No authorities need he cited in support of the proposition that unless a joint assignment of errors is good as to all the parties thereto it is good as to neither. Appellant the State Life Insurance 'Company was defaulted. It filed no demurrer; made no motion to modify the decree. No question is presented by the record. Judgment affirmed.
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Cite This Page — Counsel Stack
59 N.E. 35, 26 Ind. App. 37, 1901 Ind. App. LEXIS 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leary-v-richcreek-indctapp-1901.