1. APPEALS — Parties — Dismissal for Lack of Proper Parties. — Where some of the parties to the judgment are not made parties to the appeal, either as parties appellant or appellee, the appeal will be dismissed. p. 491.
2. APPEALS — Parties — Vacation Appeal — Notice. — Where some of the parties are not given notice of a vacation appeal within 90 days after filing the same, such failure is cause for dismissal. p. 491.
KIME, C.J.
This is an attempted vacation appeal wherein National Investment Company attempted to appeal from a judgment rendered against itself and J.N. Morgan Sons, Edward J. Pohlman 1. and Grace A. Pohlman. J.N. Morgan Sons are not made parties to this appeal, either as appellees or appellants. Hence the appeal must fail for this reason. Prough v. Prough (1910), 174 Ind. 57, 91 N.E. 337.
The appellant failed to give notice to the named appellees, Edward J. Pohlman and Grace A. Pohlman and more than ninety days have expired since the attempted appeal was filed. This is 2. another reason why this should be dismissed. Rule 36. Abshire v. Williamson (1897), 149 Ind. 248, 48 N.E. 1027. Appeal dismissed.