59 Neb. 299 | Neb. | 1899
This is a motion to dismiss the petition in error because, while' Boswell R. Wiles and Elizabeth E. Wiles, defendants in the court below, were made defendants in error, no summons in error has been served upon either of them. The suit was instituted in the district
We have repeatedly held that in an error proceeding all the parties to a joint judgment must be made parties, either plaintiff or defendants in .error, and if not, the petition in error will be dismissed when the objection is seasonably made. See Wolf v. Murphy, 21 Nebr., 472; Hendrickson v. Sullivan, 28 Nebr., 790; Curten v. Atkinson, 29 Nebr., 612, 36 Nebr., 110; Consaul v. Sheldon, 35 Nebr., 247; Andres v. Kridler, 42 Nebr., 784; Polk v. Covell, 43 Nebr., 884; Farney v. Hamilton County, 54 Nebr., 797. As we understand the doctrine of the cases, it is that all parties to a cause in the trial court who may be affected by the modification or reversal of the judgment must be made parties to the proceeding to review said cause. Tf one can not be affected by the error proceeding, he need not be made a party, although a party to the record iu the court below (Kuhl v. Pierce County, 44 Nebr., 584), and this doctrine is abundantly sustained by the authorities.
Hunderlock v. Dundee Mortgage & Trust Investment Co., 88 Ind., 139, was a suit to foreclose a real estate mortgage, the mortgagors and prior mortgagee being made defendants. A decree of foreclosure was entered, a personal judgment was rendered against the mortgagors, and the lien of plaintiff was made junior to the lien of a prior mortgage. Plaintiff appealed, without making the
Dismissed.