156 Ind. 382 | Ind. | 1901
-Proceedings to establish a drain under the circuit court act. §§5622-5631 Burns 1894, §§4273-4281 Horner 1897. Appellees were petitioners, appellants remonstrants. The questions argued arise from the denial of appellants’ motions, for a new trial, to strike out parts of the commissioners’ report, and to tax costs.
Neither the sepárate assignment, nor the ground for a new trial, that the court erred in overruling appellants’ .motion to.strike out parts of the commissioners’ report is available,- because the motion, ruling and exception' are not 'brought into the record by a bill of exceptions. This was a collateral motion ánd could only be made a part of the record-hy a bill-. §662 .Burns 1894, §65,0 R. S. 1881 and Homer 1S97; Ewbank’s Manual §26.
The only other ground in the motion for a new trial is that the finding of the court is contrary to law. Under this, appellants assert that the court erred in establishing a drain that was, not 'described in the petition. The ground that the finding is contrary- to law challenges the' correctness of the legal effect given to the evidence by the court. Appellants have not brought-up the - evidence. They ask a new trial upon an examination of the petition and judgment. The motion was properly overruled.
There are four appellants. Ohe was defeated on all
Judgment affirmed.