144 Ind. 154 | Ind. | 1896
It appears from the record that Anna A. Milligan recovered a judgment and decree of foreclosure against appellants on the 12th day of April, 1893, in the superior court of Marion county. After-wards appellees filed a petition in said cause, in said
The application was tried by court, November 15, 1894, and an order entered commanding appellants to surrender possession of said real estate to appellees, and that a writ of assistance issue to the sheriff, commanding him to put appellees in possession of said real estate.
Afterwards, on May 28,1895, appellants filed a motion for a new trial of said cause as a matter of right, and also filed an undertaking with surety as required by law. This motion was overruled by the court, to which ruling of the court appellants excepted at the time. '
The only error assigned is that the court erred in overruling appellants’ motion for a new trial as of right.
Writs of assistance were awarded by courts of
It follows, therefore, that a motion or petition for such writ is not such an action as entitles a party to a new trial as a matter of right, under section 680, R. S. 1881 (section 1076, R. S. 1894).
No question is presented concerning the power of the courts in this State to issue writs of assistance, as was done in this proceeding. There is no available error in the record.
Judgment affirmed.