This is an appeal from a decision of the Review Board of The Indiana Employment Security Division.
The claims for benefits under the Security Act, § 1504, were originally heard by Appeals Referee from which the employer appealed to the Full Board. The Full Board held that certain claimants were not eligible for benefits for the period of time stated which was due to stoppage of work due to a labor dispute in which they held that the employees participated. .
Our attention is directed to the fact that the parties taking this appeal, and being designated as appellants in the assignment of errors, have failed to name as appellants any party against whom there was an adverse decision rendered by the Review Board. Paul J. Allmon, who is designated as appellant and referred to as C-2 on the list of claimants, was not a party to the proceedings before the Review Board. The transcript of the proceedings shows that on December 11, 1952, many claimants, of whom Paul J. Allmon was one, filed their request by their attorney of record to dismiss the appeal as to them, which request to dismiss contained the following provision:
Approximately thirty-four names are shown on Schedule A containing the list of the claimants withdrawing from the appeal before the Full Board. Therefore, what this court has before it is the name of an individual listed as an appellant which the record shows filed a withdrawal from the proceedings before the Review Board from which this appeal has been taken to this court. It seems clear that this is proof that Mr. Allmon does not have any interest in this appeal, he having elected to accept the decision of the Appeals Referee and he is not now a proper party appellant in this court.
The following letters also appear after the name of Mr. Allmon in the assignment of errors, to-wit: "et al." No further names of appellants are listed in the assignment of errors. Since Mr. Allmon has accepted the decision of the Review Board, all that remains in the assignment of errors as party appellants is "et al." From the assignment, therefore, it is impossible to determine who are, or how many appellants are involved in the litigation sought to be presented to the court and who had an adverse finding against them by the Full Review Board. The use of the words, "et al.", does not save the assignment. Flanagan, Wiltrout & Hamilton, § 2402, page 170.
Judge Lowe, in Lowe's Revision, § 70.69, Appeals, says:
Thereafter, on the following page appears a mimeographed list of names stapled to the transcript.
Under the rules, this title page does not constitute a part of the assignment of errors. Even if it were contended by counsel for appellant that it was a portion of the assignment of errors, it cannot be so considered for the reason that it is not signed.
Rule 2-6 of the Supreme Court of Indiana, 1949 Revision, contains the following:
Where the rule quoted says:
refers to misspelling of names, initials or where incorrect given names are listed or other similar means of identification. It does not refer to where there is a total lack or failure on the part of those taking an appeal to name in the assignment of errors the proper party appellants.
The claimants' notice of intention to appeal, as shown in the transcript, as well as the praecipe for a transcript, lists the name of another person, to-wit: Jesse Akers, and no mention of Paul J. Allmon. As previously pointed out, Jesse Akers is in no way named or designated in the assignment of errors.
In this case, the parties taking the appeal have not seen fit to list the names of appellants in the title of the case, neither have they been given in the body of the assignment.
In the case of Moore v. Franklin et al. (1896), 145 Ind. 344, 44 N.E. 459, the court announced the general rule to be that all parties to a judgment must be made parties in the assignment of errors on an appeal, and, if not, the appeal will be dismissed. See also Woodfill and Others v. The Town of Greensburgh (1862), 18 Ind. 203.
It was further held in the case of Smith v. Fairfield (1901), 157 Ind. 491, 61 N.E. 560, as follows:
It has been decided many times by this and the Supreme Court that the assignment of errors constitutes the appellant's complaint and that the full names of all the parties must be set out in the assignment of errors. Gunn v. Haworth (1902), 159 Ind. 419, 64 N.E.
From the assignment of errors on page vii of the transcript, it is impossible for this court to determine who the proper party appellants are. This court is not inclined to dispose of litigation by mere technicalities; however, the rules of the Supreme Court are clear and concise and it is the duty of all parties preparing transcripts to comply with the rules of the court. The rules of the Supreme Court and this court when adopted and published have the same force and effect as law and are binding alike upon courts and litigants. Washington Natl. Ins. Co. v. Hines (1937), 103 Ind.App. 497, 8 N.E.2d 1011. For this court to consider the cause further on the merits and endeavor to search out who the proper appellants are would require us to disregard the rules and further require us to perform the work of the ones whose duty it was to properly see that the transcript was prepared. Accordingly, for these reasons, appeal is dismissed.
NOTE. — Reported in 116 N.E.2d 115.