Indiana Court of Appeals, 1943

Carr v. Schneider's Estate

Indiana Court of Appeals · Decided November 18, 1943 · Flanagan

51 N.E.2d 392; 114 Ind. App. 149; 1943 Ind. App. LEXIS 111 (North Eastern Reporter, Second Series)

Cases that cite this one

6 later published cases cite this decision.

Wilson v. Estate of WL Kings (Ind. Ct. App. 1960)
Pasley v. American Underwriters, Inc. (Ind. Ct. App. 1982)
State ex rel. Mental Health Commissioner v. Estate of Heithecker (Ind. Ct. App. 1975)
Estate of Gordon v. Nicholson (Ind. Ct. App. 1961)
Otolski v. Estate of Nowicki (Ind. Ct. App. 1959)
Baugher v. Hall, Receiver, Etc. (Ind. 1958)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.