
    Everett, Guardian, v. Fouts et al.
    [No. 3,791.
    Filed May 17, 1901.]
    Appeal and Error. — Parties.—Vacation Appeal. — Where in a vacation appeal the appellant does not make the coparties to the judgment from which the appeal is taken co-appellants the appeal will be dismissed.
    From the Tippecanoe Circuit Court.
    
      Appeal dismissed.
    
    
      F. B. Fverett, T. Everett and O. M. Bright, for appellant.
    
      J. G. Blacklidge, G. G. Shirley and G. Wolf, for appellees.
   Henley, C. J.

This was a vacation appeal. Appellant did not make the coparties to the judgment from which this appeal is taken co-appellants. This was necessary. In the case of Owen v. Dresback, 154 Ind. 392, the Supreme Court said: “In McKee v. Root, 153 Ind. 314, this court said: ‘It is settled law that to give this court jurisdiction of this appeal, the same being a vacation, and not a term-time appeal, appellants should have made all their coparties to the judgment co-appellants with them in this court, and for their failure to do so the appeal must be dismissed.’ This principle is supported by the following authorities: Brown v. Trexler, 132 Ind; 106; Gourley v. Embree, 137 Ind. 82; Gregory v. Smith, 139 Ind. 48; State v. Hodgin, 139 Ind. 498; Benbow v. Garrard, 139 Ind. 571; Wood v. Clites, 140 Ind. 472; Inman v. Vogel, 141 Ind. 138; Vordermark v. Wilkinson, 142 Ind. 142; Denke-Walter v. Loeper, 142 Ind. 657; Lee v. Mozingo, 143 Ind. 667; Shuman v. Cottis, 144 Ind. 333; Midland R. Co. v. St. Clair, 144 Ind. 363; Roach v. Baker, 145 Ind. 330; Stults v. Gibler, 146 Ind. 501; Abshire v. Williamson, 149 Ind. 248; Grist v. Wayne, etc., Assn., 151 Ind. 245; Michigan, etc., Ins. Co. v. Frankel, 151 Ind. 534; Ewbank’s Manual, §146.”

Appeal dismissed.  