44 Ind. App. 398 | Ind. Ct. App. | 1909
Suit by appellant to enjoin appellees from closing up an alleged roadway. A demurrer was sustained to the first paragraph of complaint, and answers in general denial were filed to the second and third paragraphs. Special findings were made and conclusions of law stated thereon. The court filed its findings and conclusions of law on March 11, 1907, and while they were being read appellant moved to dismiss the case. He withdrew this motion March 18, and filed exceptions to the conclusions of law and also a motion to make the special findings more specific. This motion was overruled March 30 (last day of the March term), to which ruling the appellant excepted. He then filed a motion for a venire de novo. This motion was overruled May 20 (first day of the May term), to which ruling the appellant excepted. He then filed a motion for a new trial. Appellees made a motion to strike the motion for a new trial from the files, for the reason that it was not filed within the time allowed by the statute. This motion was sustained. Appellant excepted and filed a motion for judgment on the special findings. This was overruled, and on motion of the appellees judgment was rendered, in accordance with the conclusions of law, in their favor.
It has been stated that exceptions to conclusions of law
Judgment affirmed.