52 Ind. App. 546 | Ind. Ct. App. | 1913
Appellees, Emma G. Morton, Kate Morton Carroll, Chester Morton and David Morton, appear specially and move to dismiss this appeal, and assign as reasons therefor that, in addition to the four appellees who join in the motion, James Morton and Minnie Morton Anderson are named as appellees in the assignment of errors, and as they
It appears from the record before us that the transcript and assignment of errors were filed in the office of the clerk of this court on October 19, 1912. Pursuant to the written precipe filed by appellants with the transcript and assignment of errors, the clerk of this court issued to the sheriff of this court the notice of appeal, and the names contained therein were Emma G-. Morton, Kate Morton Carroll, Minnie Morton Anderson and son Chester Morton, David Morton, and Caleb S. Denny, attorney of record for appellees. The precipe and the notice did not contain the name of James Morton, and it is admitted by appellants that at the time of the filing of the transcript and assignment of errors, Minnie Morton Anderson was and is now a nonresident of the State of Indiana.
Note. — Reported in 100 N. E. 874. See, also, 'under (1) 2 Cyc. 865; (2) 2 Cyc. 868; (3) 2 Cyc. 873.