Rosenbower v. Schuetz

• Decision Date: 12 April 1895
• Docket Number: 17,203
• Citation: Rosenbower v. Schuetz, 141 Ind. 44, 40 N. E. 256 (Ind. 1895)
• Parties: Rosenbower v. Schuetz et al
• Court: Indiana Supreme Court

40 N.E. 256

141 Ind. 44

Rosenbower v. Schuetz et al

No. 17,203

Supreme Court of Indiana

April 12, 1895

From the Lake Circuit Court.

The judgment is affirmed.

J. B Peterson, for appellant.

J Kopelke, for appellees.

OPINION

Hackney, J.

This action was by the appellees to quiet the title to certain real estate in Lake county. Originally the appellant assigned errors in overruling his motion for a new trial and "in rendering judgment in said cause upon the plaintiffs complaint, for the reason that said complaint did not and does not state facts sufficient to constitute a good cause of action." Because of a defect of parties, in failing to join as appellant the Anderson Freeman Ice Company, the appellant sought and obtained leave to file an amended assignment of error. Accompanying the petition for such leave, and filed with it, was an amended assignment of error in which the only alleged error assigned was in the overruling of the motion for a new trial. The amended assignment of error was not filed subsequent to the granting of such permission and has never been made "on the transcript or upon some paper attached thereto," as required by rule numbered three of the rules of this court. Treating the original assignment as that upon which the appeal must be considered we find that the appellant has no standing in court because of the requirement that he should have brought in, by such assignment, the said Anderson Freeman Ice Company, a party defendant to the action, and one against whom, in connection with the appellant, the judgment of the circuit court was rendered. State v Hodgin, 139 Ind. 498, 39 N.E. 161.

If we should accept the original assignment of error as including the necessary parties, which, of course, we can not do, it is doubtful if the second specification of such assignment presents any question. It will be observed that it does not assign as error any...