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167 Ind. 126

Haag v. Deter

Indiana Supreme Court

Decided June 29, 1906

Indiana Supreme Court · decided 1906-06-29

<p>Appeal and Error.—Vacation Appeal.—Parties.—Assignment of Errors.—Where one of two joint judgment defendants appeals and does not make his codefendant a party to the assignment of errors, the appeal will be dismissed, though notice of such appeal was served on such codefendant.</p>

Cited by 2 later decisions — most recently June 1916

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1906-06-29

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Per Curiam.

¶1In the court below appellee recovered a joint judgment against appellant and one Enyart, and from *127said judgment appellant seeks to prosecute a vacation appeal. Notice has been served on Enyart, but he has not been named as a party in the assignment of errors. Appellee makes this point, and insists on a dismissal of the appeal. Rule six of this court requires that “the assignment of errors shall contain the full names of all the parties,” and under the settled practice this appeal must be dismissed. Elliott, App. Proc., §323; Ewbank’s Manual, §126.

¶2It is so ordered.

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