159 Ind. 372 | Ind. | 1902
— Appellant filed a supplemental petition under §5629 Burns 1901, §4279 Horner 1901, to what was known as the Place ditch proceeding, making the English Lake Land Company and George Schoonover and forty-two other persons parties thereto. Notice of said supplemental petition was given to the nonresident landowners by posting, and to the resident landowners by copy or reading, as required by §5624 Burns 1901, §4274 Horner 1901. Afterwards said supplemental petition was dismissed by the court as an entirety on the motion of the English Lake Land Company, and a final judgment was rendered against appellants.
It is insisted that “this court has no jurisdiction to determine this appeal on its merits because all the parties brought into court by said supplemental petition, forty-four in number, have not been made appellees on this appeal and served with notice.” It is true that only two of said parties, the English Lake Land Company and George Schoonover, have been made appellees in this court. The court dismissed said supplemental petition as to all the
It is clear that unless all the parties adverse to appellants in the court below who were affected by the judgment are made appellees in this court, the case can not be determined upon its merits. McClure v. Shelburn Coal Co., 147 Ind. 119, 122, and cases cited.
Appeal dismissed.