168 Ind. 654 | Ind. | 1907
This proceeding was brought to contest the will of Margaret F. Brown, deceased. The final judgment was rendered June 30, 1905. A vacation appeal was taken, and the record filed in this court April 27, 1906. William A. Brown was a defendant in the court below, and a party to the final judgment, but he was not named in the assignment of errors, and no steps were taken to give him notice of this appeal.
On August 23, 1906, appellees filed a motion to dismiss the appeal, for the reason that said William A. Brown had not been notified thereof or made a party to. the assignment of errors, and the court was accordingly without jurisdiction. On September 8, 1906, appellant’s counsel filed a verified application for leave to amend the assignment of errors and to cause notice to be given to said William A. Brown. It is shown that, on account of the serious sickness of the senior counsel for appellants, the work of the firm devolved wholly upon the junior member; and that in the preparation of the record, either throiigh inadvertence of the affiant or of the stenographer, or because of confusing the names of William B. Brown and William A. Brown, the name of the latter was omitted from the assignment of errors.
missed, for the reason that in such case we have no jurisdiction to determine the case on its merits. Polk v. Johnson (1906), 167 Ind. 548; Chicago, etc., R. Co. v. Walton (1905), 165 Ind. 642; Moore v. Ferguson (1904), 163 Ind. 395; Rich Grove Tp. v. Emmett (1904), 163 Ind. 560; Haymaker v. Schneck (1903), 160 Ind. 443; North v. Davisson (1902), 157 Ind. 610; Brown v. Sullivan (1902), 158 Ind. 224; Mellott v. Messmore (1902), 158 Ind. 297; Smith v. Fairfield (1901), 157 Ind. 491; Owen v. Dresback (1900), 154 Ind. 392; McKee v. Root (1899), 153 Ind. 314; Crist v. Wayne, etc., Assn. (1898), 151 Ind. 245; Midland R. Co. v. St. Clair (1896), 144 Ind. 363; Shuman v. Collis (1896), 144 Ind. 333; Gregory v. Smith (1894), 139 Ind. 48; Holloran v. Midland R. Co. (1891), 129 Ind. 274.
The appeal is accordingly dismissed.