
    (First Circuit—Hamilton Co., O., Circ’t Court
    Jan. Term, 1899.)
    Before Smith, Swing and Giffen, JJ.
    MURDOCK v. KRAMER.
    
      One not party to suit — Gan not institute error proceeding—
    
    Where a judgment is rendered affecting the interest of a party not a party to the suit, such party is not authorized to institute error proceedings to such judgment.
    Error to the Court of Common Pleas of Hamilton county.
    This case was heard on motion to dismiss the petition in error, because the plaintiff was not a party to the action bel'ow, and because of a defect in parties in error. It was contended by counsel, that the court below having rendered a judgment affecting- the interests of the plaintiff in error, she thereby became a party of record, and at liberty to appear and rid herself of the cloud of a void judgment.
    
      Littleford, Morris, Ballard & Sawyer, for motion.
    
      E. B. Gregg, contra.
   SWING, J.

We think the petition in error should be dismissed for the reasons assigned on the motion filed herewith. There never has been any judgment rendered against Mrs. Murdock, and it will be time enough to prosecute error when there has been one rendered against her.  