(DOWNLOAD) "Nye Et Al. v. Kamm Et Al." by 345 Court of Appeals of Indiana No. 20 # eBook PDF Kindle ePub Free
eBook details
- Title: Nye Et Al. v. Kamm Et Al.
- Author : 345 Court of Appeals of Indiana No. 20
- Release Date : January 11, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
On Petition For Rehearing On December 16, 1965, we handed down an opinion granting appellees' motion to dismiss an appeal in the above captioned action. At that time we based our dismissal upon the fact the several of the parties to the action below died prior to judgment, and their duly appointed representatives were not substituted, either as defendants below or as appellees on appeal. We cited as controlling a similar situation which occurred in Swasey v. Hudson Lake Resorts, Inc. (1965), 136 Ind. App. 675, 204 N.E.2d 666, in which Judge Hunter, speaking for this court, held the above facts to constitute a violation of Supreme Court Rule 2-6 and further created a lack of jurisdiction in the court. The reasoning in the Swasey case was based upon a long line of previous decision which have interpreted that portion of Rule 2-6 which states: ""Failure properly to name parties will not be treated as jurisdictional."" -- as referring only to those instances where a party's name was incorrectly listed to some degree; but not to situation in which a party was entirely omitted. McArdle v. Board of Zonng Appeals, etc. (1960), 131 Ind. App. 5, 167 N.E.2d 608; Baugher et al. v. Hall, Receiver, etc. (1958), 238 Ind. 170, 147 N.E.2d 591; Allmon et al. v. Review Board, etc. et al. (1953), 124 Ind. App. 212, 116 N.E.2d 115.