Meyer v. Meyer

• Decision Date: 12 December 1900
• Docket Number: 18,862
• Citation: 58 N.E. 842,155 Ind. 569
• Parties: Meyer et al. v. Meyer
• Court: Indiana Supreme Court

58 N.E. 842

155 Ind. 569

Meyer et al. v. Meyer

No. 18,862

Supreme Court of Indiana

December 12, 1900

From the Porter Circuit Court.

Affirmed.

A. D. Bartholomew, for appellants.

Grant Crumpacker, E. D. Crumpacker, N. L. Agnew and D. E. Kelly, for appellee.

OPINION

Hadley, J.

Appellee, as plaintiff, in his suit to contest the will of Heinrich W. Meyer, made appellant, Margaretha Meyer, and ten others, defendants, alleging that said defendants were all beneficiaries under said will. Verdict and judgment that the will was void and that the probate thereof be annulled. Margaretha Meyer filed her separate motion for a new trial, which was overruled, to which ruling she excepted. In this court the only error assigned is in the following words: "Margaretha Meyer, Harry Robert Meyer [Nine other names follow.], appellants, v. Christian Meyer, appellee. The appellants say that there is manifest error in the proceedings and judgment in said cause, and they specially assign the following: The court erred in overruling appellants' motion for a new trial."

The only motion for a new trial that appears in the record is the sole and separate motion of Margaretha Meyer. Her codefendants not having participated in the request for a new trial cannot be heard to complain that the motion was not granted. The error assigned is joint and not the separate assignment of Margaretha Meyer.

It is a well settled rule of appellate procedure that a joint assignment of error must be good as to all who unite in it, or it will be good as to none. Ewbank's Manual, § 138; Elliott's App. Proc., § 318; Earhart v. Farmers', etc., Co., 148 Ind. 79, 47 N.E. 226.

Judgment affirmed.