60 Ind. App. 241 | Ind. Ct. App. | 1915
Appellant brought this action against appellees to recover on three promissory notes executed by appellee Weyenberg and made payable to appellee Elliott, who had assigned said notes to appellant. The pleadings on which the ease proceeded to trial consisted of an amended complaint in three paragraphs based respectively on the notes sued on, an answer in general denial, a eross-eom
This finding and judgment was rendered May 5, 1913. On May 27, 1913, appellant filed a motion for new trial. On July 5, 1913, and while tbe motion for new trial was still pending and not ruled on tbe court of its own motion directed tbe appellee Weyenberg to file an answer to appellant’s amended complaint (we quote) “so as to reform tbe issues to conform to tbe proof adduced at tbe trial”. Pursu
It is contended by appellee Weyenberg that appellant’s brief fails to set out enough of the record to present any of said rulings. We think such briefs are sufficient, under the rules of the court to present what appellant evidently regards as the controlling question in the case, viz., the ruling of the court in directing and permitting appellee, Weyenberg, to file said second paragraph of answer after appellant had filed his motion for new trial.
However, as the record comes to us we are prevented from considering the appeal on its merits. The motion for new trial was overruled July 5, 1913,
Note. — Reported in 110 N. E. 227. See, also, under (1) 3 C. J. 1064; 2 Cyc 805; 3 Cyc 117.