177 Ind. 109 | Ind. | 1911
The only error assigned calls in question the action of the court in overruling appellant’s motion for a new trial. The grounds assigned for a new trial depend for their determination on the evidence which is not in the record.
Appellee recovered judgment in the court below against appellant and one Hoch. Afterward appellant filed its separate motion for a new trial, which was overruled on December 14, 1908, during the September term, 1908, of said court, to which ruling of the court appellant excepted, but no time was then given appellant within which to file bills of exceptions. Afterward said Hoch filed his motion for a new trial, which at the same term, on December 19, 1908, was sustained, and the cause dismissed as to him.
As to the rule when the code of 1852 was in force, see Stribling v. Tripp (1882), 86 Ind. 166, 169.
Judgment affirmed.
Note.—Reported in 96 N. E. 145. See, also, under (1) 3 Oyc. 41, 46; (2) 3 Oyc. 42; (3) 2 Oyc. 1041; (4) 3 Cyc. 319.