ROYSE, P.J.
Appellee Drake commenced this action by filing his complaint against appellant for money
From that judgment appellant has appealed to this court. The assignment of errors here is as follows:
1. The decision of the court is contrary to law.
2. The decision of the court is not sustained by sufficient evidence.
3. The court erred in refusing to permit the defendant to file its answer and cross-complaint.
4. The court erred in permitting the filing of the petition of Edna C. Haven to intervene, after the evidence had been heard and the court indicated his findings,
On August 7, 1952, after appellant filed its brief, appellee Drake filed his motion to dismiss or affirm the decision of the trial court. This motion contains nine specifications, but in view of the conclusion we have reached, it is necessary to consider only three of these specifications.
In its assignment of errors in this court the appellant did not name Edna C. Haven as a party appellee, although she was a party to the judgment in the trial court. Appellee Drake contends, therefore, this court does not have jurisdiction of said Edna C. Haven. There is no merit to this contention. The failure to properly name parties is not jurisdictional. Rules 2-3, 2-6, Rules of the Supreme Court of Indiana; Indiana Department of State Revenue, Inheritance Tax Division v. Mertz, Excr. (1949), 119 Ind.App. 601, 605, 88 N.E.2d 917; Levick v. Hughlett (1946), 224 Ind. 561, 564, 69 N.E.2d 17. It is therefore ordered that Edna C. Haven be named an appellee in this case.
The first two specifications are not proper as independent assignments of error. Such question must be presented under an assignment that the trial court erred in overruling the motion for a new trial. Therefore, no question is presented as to these matters.
In its brief appellant does not refer to the third assignment of error. Furthermore, an examination of the record fails to disclose that the trial court refused to permit appellant to file an answer and cross-complaint.
Appellant in its brief contends the trial court erred in permitting Edna C. Haven to intervene without first
For the reasons stated herein, the judgment is affirmed.
Achor, C.J., not participating.
NOTE. — Reported in 107 N.E.2d 801.
Comment
User Comments