38 Ind. App. 655 | Ind. Ct. App. | 1906
On motion to dismiss and for leave to amend assignment of errors.
The record shows that appellant filed in the office of the clerk of the Madison Circuit Court his claim against the estate of Frederick Bronnenberg, deceased. The claim not having been allowed by the duly qualified and acting administrators of the estate, the same was placed on the appearance docket. Afterwards, Calvin A. Bronnenberg, as one of the administrators of the estate, filed an affidavit for a change of venue from the county and the cause was sent to Delaware county. In the Delaware Circuit Court
The record was filed in this court August, 1905, and appellant’s brief, on November 6, 1905. On November 21, 1905, the attorneys who represented the estate and the administrators in the trial court filed a brief on the merits of the case in this court as “attorneys for appellee.” On August 31, 1906, appellee filed a motion to dismiss the appeal on the grounds that the assignment of errors does not contain the full names of all the parties, and does not contain or purport to contain the name of any appellee. On September 8, 1906, appellant filed a motion for leave to amend the assignment of errors by making “Calvin A. Bronnenberg and Ransom Bronnenberg administrators of the estate of Erederick Bronnenberg, deceased,” appellees.