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Carr v. Schneider's Estate

Carr v. Schneider's Estate.

Carr v. Schneider's Estate, 51 N.E.2d 392 (Ind. Ct. App. 1943)
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Court
Indiana Court of Appeals · State Appellate Courts
Decided
November 18, 1943
Docket
No. 17,154.
Judges
Flanagan
Citations
51 N.E.2d 392114 Ind. App. 1491943 Ind. App. LEXIS 111

Opinion of the Court — Flanagan

Flanagan, J.

The only party appellee designates in the assignment of errors is “The Estate of Onie May Schneider, deceased.”

1-3. The estate of a decedent cannot be a party to an action without some representative. The assignment of errors is appellant’s complaint on appeal and must contain the names of all parties to the appeal. There being no appellee here this appeal must be dismissed.

Dallam v. Stockewell’s Estate (1904), 33 Ind. App. 620 , 71 N. E. 911 .

Appeal dismissed.

Note. — Reported in 51 N. E. (2d) 392.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1958: 11959: 11960: 11961: 11975: 11982: 119582026peak 1958 · 1

Relies on it most ⓘ

  1. Baugher v. Hall, Receiver, Etc.147 N.E.2d 591 (Ind. 1958)
  2. Otolski v. Estate of Nowicki158 N.E.2d 296 (Ind. Ct. App. 1959)
  3. Wilson v. Estate of WL Kings170 N.E.2d 63 (Ind. Ct. App. 1960)
  4. Pasley v. American Underwriters, Inc.433 N.E.2d 838 (Ind. Ct. App. 1982)
  5. Estate of Gordon v. Nicholson174 N.E.2d 56 (Ind. Ct. App. 1961)
  6. State ex rel. Mental Health Commissioner v. Estate of Heithecker333 N.E.2d 308 (Ind. Ct. App. 1975)

Most recent

  1. Pasley v. American Underwriters, Inc.433 N.E.2d 838 (Ind. Ct. App. 1982)
  2. State ex rel. Mental Health Commissioner v. Estate of Heithecker333 N.E.2d 308 (Ind. Ct. App. 1975)
  3. Estate of Gordon v. Nicholson174 N.E.2d 56 (Ind. Ct. App. 1961)
  4. Wilson v. Estate of WL Kings170 N.E.2d 63 (Ind. Ct. App. 1960)
  5. Otolski v. Estate of Nowicki158 N.E.2d 296 (Ind. Ct. App. 1959)
  6. Baugher v. Hall, Receiver, Etc.147 N.E.2d 591 (Ind. 1958)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Dallam v. Estate of Stockwell, 71 N.E. 911 (Ind. Ct. App. 1904) 8

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