155 N.E. 707 | Ind. | 1927
Joseph F. Howard and twenty other petitioners, on June 2, 1924, filed their petition in the Starke Circuit Court for the establishment of a certain public drain. The petition was referred to drainage commissioners, who made a favorable report. The appellant filed a remonstrance against the report, which remonstrance was stricken out by the court, upon motion of the petitioners. The report of the drainage commissioners was confirmed, and the drain was established and was ordered to be constructed.
The judgment was rendered on February 7, 1925. The appellant prayed an appeal to this court. He filed his appeal bond on February 14, 1925. He filed his transcript of the record on appeal in the office of the clerk of this court on March 6, 1925. He had sixty days to file the transcript after the filing of the appeal bond. § 1, ch. 90, acts of 1917 (Acts 1917 p. 296), § 6143 Burns' *139 Supp. 1921. The assignment of errors filed on March 6, 1925, named appellees as "Joseph F. Howard et al." On April 27, 1925, the appellant filed his petition to amend the assignment of errors. He stated therein that, in the assignment of errors, he designated the appellees as Joseph F. Howard et al., intending thereby the names of all the appellees; and he asked that he be permitted to amend the assignment of errors by setting out the names of all the appellees. On April 29, 1925, appellee Joseph F. Howard filed a motion to dismiss the appeal for the reason that twenty petitioners, who were necessary parties, were not named as appellees. On May 14, 1925, the petition to amend the assignment of errors was granted, and, at the same time, the consideration of the motion to dismiss the appeal was postponed until final hearing.
The assignment of errors shall contain the full names of all parties to the judgment. Rule 6 of the Supreme Court, Ewbank's Manual (2d ed.) § 126, Elliott, Appellate Procedure § 1-4. 322; Snyder, Mayor, v. State, ex rel. (1890),
As twenty of the petitioners for the drain who were parties to the proceeding and affected by the judgment were not named as appellees in the first assignment of errors, and as same was not amended within the time for filing it, the motion to dismiss the appeal should be sustained.
Appeal dismissed.