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39 Ind. App. 289

Denkewalter v. Wilson

Indiana Court of Appeals

Decided October 24, 1906

Indiana Court of Appeals · decided 1906-10-24

<p>Appeal. — Joint Assignment. — Several Judgment. — Where two joint defendants join in an assignment, of errors, and the judgment appealed from was against one of them only, no question is presented, no joint injury being shown.</p>

Cited by 1 later decisions — most recently November 1924

1 state decisions

Relies on Bush v. McBride

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1906-10-24

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Roby, J.

¶1Appellees brought this action alleging that the appellants were indebted to them in the sum of $500 for legal services, a bill of particulars of which was filed therewith.

¶2The only error insisted upon is based upon the action of the trial court in sustaining appellees’ motion to strike out the third paragraph of answer. The assignment of *290error is joint, both appellants joining therein. The judgment appealed from is against appellant Frederick W. Denkewalter, and his coappellant is not a party thereto. The party against whom no judgment is rendered cannot have been injured by the action of the court as above indicated. The assignment not being good as to both, is good as to neither. Bush v. McBride (1903), 159 Ind. 663.

¶3Judgment affirmed.

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