Opinion
No. 17,154.
Filed November 18, 1943.
1. EXECUTORS AND ADMINISTRATORS — Actions — Parties — Representative Necessary. — The estate of a decedent cannot be a party to an action without some representative. p. 150.
2. APPEAL — Assignment of Errors — Names of All Parties to Appeal to Be Set Forth. — The assignment of errors is appellant's complaint on appeal and must contain the names of all parties to the appeal. p. 150.
3. APPEAL — Assignment of Errors — Representative of Estate Not Named — Appeal Dismissed. — Where the only party designated as appellee in the assignment of errors was the estate of a decedent, the appeal was dismissed. p. 150.
From the Cass Circuit Court; John B. Smith, Judge.
Proceedings between Helen E. Carr and the estate of Onie May Schneider. From the judgment entered, the former appealed. Appeal dismissed. By the court in banc.
Charles L. Anderson, Robert T. Miller, and Mae Turner Anderson, all of Logansport, for appellant.
Robert R. David, of Logansport, for appellee.
The only party appellee designates in the assignment of errors is "The Estate of Onie May Schneider, deceased."
The estate of a decedent cannot be a party to an action without some representative. The assignment of errors is appellant's complaint on appeal and must contain the names of all 1-3. parties to the appeal. There being no appellee here this appeal must be dismissed. Dallam v. Stockwell's Estate (1904), 33 Ind. App. 620, 71 N.E. 911.
Appeal dismissed.
NOTE. — Reported in 51 N.E.2d 392.