CARR v. SCHNEIDER'S ESTATE

1. EXECUTORS AND ADMINISTRATORS — Actions — Parties — Representative Necessary. — The estate of a decedent cannot be a party to an action without some representative. p. 150.

2. APPEAL — Assignment of Errors — Names of All Parties to Appeal to Be Set Forth. — The assignment of errors is appellant's complaint on appeal and must contain the names of all parties to the appeal. p. 150.

3. APPEAL — Assignment of Errors — Representative of Estate Not Named — Appeal Dismissed. — Where the only party designated as appellee in the assignment of errors was the estate of a decedent, the appeal was dismissed. p. 150.

FLANAGAN, J.

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

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 1-3. parties to the appeal. There being no appellee here this appeal must be dismissed. Dallam v. Stockwell's Estate (1904), 33 Ind. App. 620, 71 N.E. 911.

Appeal dismissed.

NOTE. — Reported in 51 N.E.2d 392.