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132 Ind. 106

Brown v. Trexler

Indiana Supreme Court

Decided February 25, 1892

Indiana Supreme Court · decided 1892-02-25

<p>Assignment oe Ebbobs. — Names of Parties. — Omission of. — An assignment of errors is defective in which neither the names of all the appellants, nor the Christian name of one of the appellees appear either in the title or the body of the assignment of errors.</p> <p>Appeal. — Dismissal of. — Assignment of Errors. — Failure to Name Parties.— Notice to Go-Parties. — A failure to name all the parties in an assignment of errors, or a failure to give notice to co-parties, against whom judgment was rendered in the court below, is a ground for the dismissal of the appeal.</p> <p>Same. — Objection to Assignment of Errors. — Waiver of. — Submission of Cause.— What Does not Constitute. — An agreement on the part of appellees to allow counsel for appellant an extension of time for filing his brief, with a request that, when the briefs were filed, the case should be passed upon in the regular way, and afterwards a second agreement for an extension, in which the right to make any legal objection to the record and assignment of errors was reserved, did not constitute a waiver of any objection to the assignment of errors, or a submission of the cause by agreement.</p>

Relies on Snyder v. State ex rel. Fleming · Arbuckle v. Swim · Thoma v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1892-02-25

How this case has been cited

Cited by 8 later decisions — most recently May 1935

8 state decisions

5018921900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Olds, J.

¶1— This action originated before the board of commissioners of La Grange county, on a petition by the appellees to vacate a highway. .

¶2The appellant, Jacob S. Brown, and a number of others, filed a remonstrance. An appeal was taken to the La Grange Circuit Court. The venue was then changed to the Elkhart Circuit Court, and then to the Noble Circuit Court, where the case was finally disposed of by a dismissal, and an appeal prosecuted to this court. „

¶3In taking up the case for consideration and decision, we are met at the threshold, by counsel for the appellees, with an objection to the consideration of the questions discussed by counsel for appellant in tlieir brief, for the reason that there *107is no sufficient assignment of error, and a dismissal of the appeal is asked.

Filed Feb. 25, 1892.

¶4In the assignment of error the cause is entitled, “ Jacob S. Brown, Robert McCloskey and others, appellants, v. Reuben Trexler, Luke Silby, H. Omstead and John Senburn, appellees.” Neither the names of all of the appellants nor the Christian name of appellee Omstead appear either in the title or the body of the assignment of error. That this assignment of error is defective, is so well settled as to scarcely need the citation of authority. See Thoma v. State, 86 Ind. 182, and authorities there collected ; Snyder v. State, ex rel., 124 Ind. 335; Arbuckle v. Swim, 123 Ind. 208.

¶5The assignment of error is insufficient.

¶6Judgment affirmed.

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