140 Ind. 437 | Ind. | 1895
— The appellee Allen obtained, in the lower court, a judgment and, a decree foreclosing a mechanics’ lien for $7,170.59 against the appellant and its property. The only assignments of error in this court are that the complaint was insufficient, and that the court erred in overruling the appellant’s motion for a new trial. The first assignment is not argued, and is therefore waived. The second assignment seeks to present the various causes assigned for a new trial, all of which, save the first, depend entirely upon the evidence either as to its sufficiency or as to its admissibility. The record contains no bill of exceptions, and we are, therefore, without proof of the truth of such recitals in the motion, and no question can be considered upon them. Clouser v. Ruckman, Admr., 104 Ind. 588; Hyatt v. Clements, 65 Ind. 12; Vawter v. Gilliland, 55 Ind. 278; Hopkins v. Greensburg, etc., Turnpike Co., 46 Ind. 187; Skillen v. Skillen, Jr., 41 Ind. 122; Indianapolis, etc., Co. v. First Nat’l Bank, etc., 33 Ind. 302.
The first cause assigned for a new trial was “that the finding and judgment of the court is contrary to law.”'
No question is made as to the sufficiency of the personal judgment. Finding no error in the record, the judgment of the circuit court is affirmed with damages in the sum of four per centum of the gross amount of the judgment of the circuit court.