37 Ind. App. 377 | Ind. Ct. App. | 1906
The appellee has moved to dismiss the appeal. Suit was brought by the appellee' alone against George H. Heiberg, the appellant, and five other defendants, named in the title of the cause as “First National Bank of Hammond, Indiana, John Lienen, Peter Covert, Anna Covert, his wife, Fidelity Building & Savings Union No. 2, Marion county, Indiana.” The complaint contains
In the precipe filed by the appellant in this case, it was not stated that he desired a transcript of the entire record. The cause was entitled as in the complaint, except that among the names of the defendants the name of “John Trinen” was inserted instead of the name “John Lienen,” as in one of the disclaimers; and in the body of the precipe the appellant indicated particular parts of the record of which he directed the clerk to prepare and certify a transcript. The clerk’s certificate conforms to the precipe, and the transcript is made to comply therewith. The precipe contains no reference to any summons or to an entry of any default, or to any answer except as above stated, and the transcript does not show whether any summons was issued or served, or whether any default was taken and entered, or whether there was any other answer or answers than those above mentioned. The portions of the record specified in the precipe, and contained in the transcript in compliance therewith, are before us, but we
It can not he said with confidence that no defendant against whom the judgment was rendered, except the appellant, is affected thereby. There-can he hut one appeal from the judgment, and the party taking it must bring before this court all the parties to the judgment, whose interests would he affected by the decision upon appeal.
The appeal is dismissed.