71 Ind. App. 266 | Ind. Ct. App. | 1919
— The appellee commenced this action to recover upon a certificate of membership in appellant association insuring him against accidents. Appellant filed a plea in abatement, to which a demurrer was sustained. The issues being closed by the filing of an answer and reply, the cause was tried by a jury, and resulted in a verdict and judgment for appellee.
Appellant filed a motion for a new trial for the reasons: (1) That the.court erred in sustaining the demurrer to the plea in abatement; (2, 3, 4, 5 and 6) that the court erred in giving certain instructions; (7) that the court erred in refusing to give a certain instruction; (8) that the verdict of the jury is not sustained by sufficient evidence; (9) that the verdict of the jury is contrary to law; (10) that the verdict of the jury is contrary to the law and the evidence;
The errors assigned are the sustaining of the demurrer to the plea in abatement and the overruling of the motion for a new trial.
Although appellant was given notice in April of the filing of this motion to dismiss, it has taken no steps to correct or amend its brief, and has filed no brief in opposition to such motion.
Appellant’s brief is subject to each and all of the objections pointed out by appellee. No exception appears to have been taken to the action of the trial court in sustaining the demurrer to the plea in abatement or to the overruling of the motion for a new trial; in fact, it does not appear that the court ever ruled on the motion. No exception appears to have been reserved to the giving or refusing to give any instructions, and an examination of the record
There, being no question-presented for our consideration, the appeal is dismissed:-
On Motion to Reinstate Appeal.
— This appeal was dismissed June '25. On October 8, appellant filed its motion, asking the court to “reinstate said appeal for the reason that the same has been erroneously and improperly dismissed.” .
As said by the Supreme Court in Parker v. State ex rel. (1893), 133 Ind. 178, 216, 32 N. E. 836, 33 N. E. 119, 18 L. R. A. 567: “These parties have departed from the jurisdiction of the court, under the rules of the court as established in pursuance of the provisions of the statute, and we do not think that the issues litigated between them can have a- rehearing in this court.” Motion to reinstate overruled.