71 Ind. 286
Decided November 15, 1880
Indiana Supreme Court · decided 1880-11-15
<p>Appeal. — Notice of to Co-party. — Dismissal.—Supreme Court. — Under section 551, 2 R. S. 1876, p. 239, the Supreme Court will dismiss an appeal, where a part only of several co-parties appeal from a joint judgment and fail to give notice of such appeal to their co-parties.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1880-11-15
Cited by 4 later decisions — most recently December 1941
4 state decisions
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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¶1The appellants were sued jointly with Henry M. and Andrew J. Lawler, and judgment went against al 1 of the defendants.
¶2Couch and Davis alone appeal, and have not given any notice of the appeal to their co-defendants below.
¶3A motion to dismiss the appeal has been filed, and under the provisions of our statute, and in accordance with repeated decisions of this court must, be sustained.
¶4Appeal dismissed.