Barger v. Manning

Decided November 15, 1873

Indiana Supreme Court · decided 1873-11-15

<p>Supreme Court. — Notice to Co-Parties. — Where a part only of the defendants in a judgment appeal therefrom to the Supreme Court, without notice to the other defendants in accordance with section 551 of the code, the appeal will be dismissed.</p>

Cited by 1 later decisions — most recently November 1875

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1873-11-15

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Worden, J.

¶1This was an action by the appellee against the appellants and William W. Goodrich, upon promissory notes. There was judgment in favor of the plaintiff against all the defendants, Goodrich having made default, and a verdict having been obtained against the other two defendants, *473who appeal, and in whose names only, as appellants, errors have been assigned. In accordance with numerous decisions of this court, the appeal must be dismissed for failure to comply with sec. 551, p. 270, 2 G. & H.

¶2The appeal is dismissed, with costs.