51 Ind. App. 232 | Ind. Ct. App. | 1912
— Appellant issued its policy of insurance to Clyde Gue and Louisa Gue, as owners of a certain dwelling-house and contents, indemnifying them for a certain term against loss or damage by fire. Within the life of the policy, the house was wholly destroyed by fire, and this action was instituted by Clyde Gue against appellant and Louisa Gue.
In his complaint, plaintiff only sought to recover for the loss of the building, and averred that Louisa Gue had no interest therein, and that she was made a party defendant to answer for any interest which she might have or claim to have. Defendant Louisa Gue, who was the step-mother of plaintiff, appeared in person and filed answer, wherein she admitted the truth of the averments of the complaint. As to defendant insurance company, the cause was put at issue by answers and replies, and submitted to a jury. Yerdict and judgment for plaintiff against said company in the sum of $346.01, and against Louisa Gue, that she had no interest in the property destroyed.
In appellant’s assignment of errors in this court, Clyde Gue and Louisa Gue are made appellees. This is a vacation appeal, and notice thereof was issued by the clerk of this court to both Clyde Gue and Louisa Gue as appellees. Appellee Clyde Gue has filed a motion to dismiss the appeal, on the ground that this court has no jurisdiction, in that appellee Louisa Gue was not made an appellant in the assignment of errors, and notified as an appellant. As this motion presents a jurisdictional question, it must be determined before the case can be considered on its merits.
It has been held that in an action against an insurance company and another claiming the proceeds of a policy as against the plaintiff, where the insurance company filed an interpleader asking an order to pay the full amount into court and be discharged from further liability, and where
Pew questions have been more fully considered by our appellate courts than the one presented by this motion. In addition to the authorities cited in support of the principles herein announced, we call attention to the following: Haymaker v. Schneck (1903), 160 Ind. 443, 67 N. E. 181; Smith v. Fairfield (1901), 157 Ind. 491, 493, 61 N. E. 560; Owen v. Dresbach (1900), 154 Ind. 392, 394, 56 N. E. 22, 56 N. E. 848; McKee v. Root (1899), 153 Ind. 314, 54 N. E. 802; Stults v. Gibler (1897), 146 Ind. 501, 45 N. E. 340; Roach v. Baker (1896), 145 Ind. 330, 43 N. E. 932, 44 N. E. 303; Midland R. Co. v. St. Clair (1896), 144 Ind. 363, 42 N. E. 214; Denke-Walter v. Loeper (1895), 142 Ind. 657, 42 N. E. 358; Lilly v. Somerville (1895), 142 Ind. 298, 40 N. E. 1088; Inman v. Vogel (1895), 141 Ind. 138, 40 N. E. 665; Wood v. Clites (1895), 140 Ind. 472, 474, 39 N. E. 160; Bozeman v. Kale (1894), 139 Ind. 187, 35 N. E. 828; Gourley v. Embree (1894), 137 Ind. 82, 36 N. E. 846; Hutts v. Martin (1892), 131 Ind. 1, 30 N. E. 698, 31 Am. St. 412; Burns v. Trustees, etc. (1903), 31 Ind. App. 640, 68 N. E. 915; Sohl v. Evans (1902), 29 Ind. App. 634, 62 N. E. 84; Everett v. Fouts (1901), 26 Ind. App. 658, 60 N. E. 454; Paxton v. Tyler (1898), 20 Ind. App. 455, 50 N. E. 45; Parry v. Botkin (1896), 15 Ind. App. 83, 42 N. E. 964; Walsh v. Brockway (1895), 13 Ind. App. 70, 40 N. E. 29, 41 N. E. 76.
The appeal is therefore dismissed.
Note. — Reported in 98 N. E. 147. See, also, under (1) 2 Oyc. 517; (2) 2 Cyc. 758; (3) 2 Cyc. 864; (4) 2 Cyc. 785; 3 Cyc. 1S5.