65 Ind. App. 322 | Ind. Ct. App. | 1917
This is an appeal from a judgment rendered by the Huntington Circuit Court on a verdict for appellees, in an action brought against them by appellants to recover damages alleged to have been sustained by them by reason of appellees’ wrongful acts. The complaint is in one paragraph and alleges that appellees unlawfully entered upon appellants' premises and tore down and removed certain buildings thereon,
Appellees, in their answer brief, insist that the appeal should be dismissed for the following alleged reasons: (1) Because the bill of exceptions containing the evidence is not in the record; (2) because “appellants have not complied with Rule 22 in preparing their brief by properly giving page and line of matter referred to in the record”; (3) because appellants have not complied with Rule 25 of this court “by printing all of said brief and by leaving marginal space on the various pages of the brief.”
In support of their first reason, supra,, for dismissal of the appeal, appellees assert in their said brief that the record shows that the bill of exceptions was not filed with the clerk of the trial court after it had been signed by the judge thereof. Any omission or deficiency of the record in said respect has been supplemented and cured by the return of the clerk of the trial court to a writ of certiorari issued at the direction of this court by its clerk since the filing of appellees’ said briefs. It follows that appellees’ said first ground for dismissal no longer exists.
The questions and answers of the deposition of said Rocco on which the rulings of the trial court, claimed by appellant to be erroneous, are predicated are as follows: “Q. 2. Have you been engaged in business in Huntington, Indiana, in the last year or so, and do you know Robert Johnson and Albert Johnson, plaintiffs in this suit, and George and Mary Gephart, defendants?”
"Question 4. Did Mr. Johnson ever claim any right to the buildings after you put them there before you sold them to these parties?”
"A. He did not. I just rented the ground from him, and I could do what I pleased with it, it was usual and customary for me to take my buildings from place to place with construction work and camps and I had a right to sell these shacks or buildings to these people and they had a right to move them off, it being the understanding with Johnson and myself in our contract that I should remove them at my pleasure, or allow any one else to remove them that I sold them to.” (Italics inserted.)
Before the trial, appellants filed their written motion o strike out and suppress the parts of said deposition that we have italicized above, and other parts thereof. This motion was overruled. Appellees offered this de
Appellants challenge the sufficiency of the evidence to sustain the verdict, and the action of the trial court in refusing to give their instruction No. 3, but in view of our disposition of this appeal, we deem it unnecessary to consider these questions.
Note. — Reported, in 117 N. E. 270.