Summary
In Rogowski v. Kaelin (1942), 111 Ind. App. 584, 41 N.E.2d 954, relied upon by appellee to sustain its position, the appellant failed to name in his assignment of errors any of his co-defendants below, all of whom were parties to the judgment.
Summary of this case from Public Service Comm. v. Ind. Bell Tel. Co.Opinion
No. 16,945.
Filed June 2, 1942.
APPEAL — Parties — Codefendants Not Made Parties to Appeal — Dismissal. — Where appellant did not by his assignment of errors attempt to make any of his codefendants below, all of whom were coparties to the judgment, parties to a vacation appeal, the Appellate Court was without jurisdiction of the appeal, after the time for perfecting it had passed, and the appeal was dismissed.
From the Lake Superior Court — Harold L. Strickland, Judge.
Action by Edward B. Kaelin against Jozefa Rogowski and others. From a judgment for plaintiff, the named defendant appealed.
Appeal dismissed. By the court in banc.
John L. Podreskey and Wayne A. McDaniel, both of East Chicago, for appellant.
Kenneth Call, of Gary, for appellee.
This is a vacation appeal from the judgment of the Lake Superior Court giving appellee a writ of assistance against appellant and nine others. The time for perfecting the appeal has expired.
Appellant does not by his assignment of errors attempt to make any of his codefendants below, all of whom were co-parties to the judgment, parties here. This court is therefore without jurisdiction. Thompson v. C.C.C. St. L. Rwy. Co. (1938), 105 Ind. App. 97, 11 N.E.2d 81; State ex rel. Michael v. Cooper (1936), 101 Ind. App. 588, 198 N.E. 119; Voss v. Balz (1932), 203 Ind. 221, 179 N.E. 552.
Appeal dismissed.
NOTE. — Reported in 41 N.E.2d 954.