Wiley v. Coovert
| Decision Date | 04 April 1891 |
| Docket Number | 14,665 |
| Citation | 27 N.E. 173,127 Ind. 559 |
| Parties | Wiley, Trustee, v. Coovert |
| Court | Indiana Supreme Court |
From the Grant Circuit Court.
Judgment affirmed.
-- Brownlee, W. H. Carroll and F. W. Swezey, for appellant.
-- Brownlee and -- Royse, for appellee.
The appellee brought this suit to foreclose a mechanic's lien, and the appellant was made a party to the suit to answer as to his interest in the property. The notice was directed against Maggert, and a decree was entered foreclosing the lien. The appellant, Wiley, alone appeals, for Maggert does not join in the appeal.
It is suggested, rather than asserted by appellant's counsel, that as there is no evidence that Maggert was the owner this suit must fail. We think that the appellant can not successfully make that point. The appellant has a right to avail himself of all material errors that affect him, but he can not avail himself of errors affecting another party. It is not shown that he was in any wise affected by the alleged failure to prove Maggert's ownership.
Judgment affirmed.
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Fox v. Galvin
...to assert error on behalf of Dorothy C. Fox, See Umbstead v. Preacher's Aid Society (1944), 223 Ind. 96, 58 N.E.2d 441; Wiley v. Coovert (1890), 127 Ind. 559, 27 N.E. 173, we cannot affirm that part of the judgment which affects property interests of non-served A basic tenet of our Rules of......
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Johnson v. Johnson
...witnesses. No party can take advantage of an error committed by a court except the one against whom it was committed. Wiley v. Coovert, 127 Ind. 559, 27 N. E. 173; Ewbank, Man. § 257, p. 365. In this court every presumption is indulged in favor of the decision of the trial court, and the ap......
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Umbstead v. Preachers' Aid Soc. of Northwest Indiana Conference of Methodist Episcopal Church
... ... another party. Johnson, Adm'r, v. Johnson, 1901, ... 156 Ind. 592, 60 N.E. 451; Wiley, Trustee, v ... Coovert, 1891, 127 Ind. 559, 27 N.E. 173 ... The ... appellants further complain that the appellee had no ... ...
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