4 N.E.2d 580 | Ind. Ct. App. | 1936
The caption of the assignment of errors herein shows "Jackson Sons Company, Inc." as appellant. The judgment was rendered against "The Jackson Son's Company, Inc." Appellee filed a motion to dismiss this appeal for the reason that the plaintiff below (The Jackson Son's Company, Inc.) is not named in the assignment of errors, as required by the rules of this court.
The assignment of errors is appellant's complaint here and this court can only acquire jurisdiction over the parties named therein. In Jenkins v. Steele (1913),
In Lilly v. Somerville (1895),
We are therefore constrained to hold that by the assignment of errors herein filed this court does not have jurisdiction to decide questions growing out of a judgment against The 2, 3. Jackson Son's Company, Inc. when the assignment of errors is by Jackson Sons Company, Inc. (against which company the record discloses no judgment), as such assignment raises no question affecting the judgment against The Jackson Son's Company, Inc.
The Jackson Son's Company, Inc. and Jackson Sons Company, Inc., are not idem sonans.
The appeal is dismissed. *506