[Download] "Tobin Et Al. v. Mcclellan" by 280 Supreme Court of Indiana No. 28 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Tobin Et Al. v. Mcclellan
- Author : 280 Supreme Court of Indiana No. 28
- Release Date : January 16, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
STARR, J. The appellee brought this action in ejectment against the appellant Rose Tobin and one other who is not a party to this appeal. During the pendency of this action the appellee filed a second paragraph of complaint to quiet title to the real estate described in said first paragraph. Without objection appellee made certain new parties defendant to this second paragraph of complaint among whom was one William G. Beatty. Later this second paragraph of complaint was dismissed and said cause was dismissed as to all defendants except Rose Tobin. A trial was had resulting in special findings and judgment for the appellee from which this appeal was taken. William G. Beatty appears with Rose Tobin in the assignment of error as an appellant. Appellee has moved to dismiss this appeal as to William G. Beatty for the reason that he was not a codefendant of record at the time that the final judgment below was rendered, nor is there anything to show that he was defending the actions in appellant's name; this motion is sustained. The said William G. Beatty is not a party to this judgment or in anyway bound by the same. This appeal is therefore dismissed as to William G. Beatty.