48 Ind. App. 162 | Ind. Ct. App. | 1911
This suit was by appellant against appellee, to quiet title to certain real estate in Hancock county. By
The error relied on by appellant for reversal is that “the court erred in its conclusions' of law numbered one and two, and in each of them, stated on his special finding of facts.”
It will he observed that the trial court made and filed its finding of facts and conclusions of law on June 6, 1908, and appellant did not except to the conclusions of law until June 27, 1908. Appellee therefore insists that the record does not present any question for the determination of this court on appeal.
Section 656 Burns 1908, §626 R. S. 1881, provides that “the party objecting to the decision must except at the
It is also settled by the decisions of the Supreme Court and this eourt, that, in order to present any question for review on appeal, an exception to the conclusions of law must be taken at the time the decision is made. Ewbank’s Manual §24; Elliott, App. Proc. §793; Smith v. McKean (1885), 99 Ind. 101; Helms v. Wagner (1885), 102 Ind. 385; Hull v. Louth (1887), 109 Ind. 315, 333, 58 Am. Rep. 405; Matsinger v. Fort (1889), 118 Ind. 107; Midland R. Co. v. Dickason (1892), 130 Ind. 164; Barner v. Bayless (1893), 134 Ind. 600; Radabaugh v. Silvers (1893), 135 Ind. 605, 607; Medical College, etc., v. Commingore (1895), 140 Ind. 296, 297; Winstandley v. Breyfogle (1897), 148 Ind. 618; Chicago, etc., R. Co. v. State, ex rel. (1902), 159 Ind. 237; Cooney v. American, etc., Ins. Co. (1903), 161 Ind. 193; Repp v. Lesher (1901), 27 Ind. App. 360.
In the case last cited, the conclusions of law were announced sixteen days before the exception was noted, and this was held to present no question. In the case of Chicago, etc., R. Co. v. State, ex rel., supra, six days intervened between the filing of the finding and conclusions and the taking of the exception. This was held to present no question. In the ease of Medical College, etc., v. Commingore, supra, five days after the announcement of the conclusions of law, the exception was taken and held to present no question. In the case of Radabaugh v. Silvers, supra, the exception was taken four days after the filing of the conclusions of law, and was held to present no question.
There can be no doubt about the correctness of the rule stated in the foregoing cases, but we fail to see wherein the latter doctrine enlarges the right of a litigant in a case such as that presented by the record before us. Had the trial court in this case recalled its findings and conclusions, and made any change therein, after they had been signed and filed, appellant would clearly have been entitled to have his exceptions entered at the time of making such change, whether he had excepted to the conclusions as originally filed or not. But that question is not before us. We are not here dealing with a case where any change was made in the facts found or in the conclusions of law after they were signed and filed, but with a case where the court’s findings and conclusions were announced, and sixteen days later exceptions were taken to the conclusions of law. That this was too late, is abundantly shown by an unbroken line of decisions, as well as by the plain wording of the statute.
No available error being shown by the record, the judgment is affirmed.