3 Indian Terr. 487 | Ct. App. Ind. Terr. | 1900
It is urged by counsel for appellants, in support of the first error assigned, that it was impossible for appellants to file an answer to appellee’s complaint, for the reason that they had no notice of the pendency of the suit, as required by section 5152, Mansf. Dig. (section 3357, Ind. T. Ann. St. 1899). Said section is as follows:
“Sec. 5152 (3357). A new trial shall not be granted on account of the smallness of the damages in an action for an injury to the person or reputation, nor in any other action where the damages shall be equal to the actual injury sustained. ’ ’
What this section of Mansfield’s Digest has to do with this case is beyond the comprehension of this court. It certainly does not throw the slightest glimmer of light upon the question under consideration.
As to the second error assigned, “Because'the appellee is not the real party in interest; the title does not vest in appellee until he can get quiet and peaceable possession, the transcript shows that, after the purchase of the premises at the sale upon the foreclosure of the mortgage by G. D. Sleeper and James A. Harris, Sleeper sold and conveyed his undivided interest in the premises to appellee. Hence the claim that appellee was not the real party in interest is contradicted by the evidence, and the authorities cited do not sustain appellants’ contention, since they do not apply to a case like this.
The third error assigned, that ‘ ‘the judgment was not sustained by the evidence, ” is not borne out by the record. The deeds or bills of sale offered in evidence show that appellee was the owner of the premises, and the court found ‘ ‘from the complaint, and the written evidence exhibited
“Sec. 5153 (3358). The application for a new trial must be made at the term the verdict or decision is rendered, and, except for the causes mentioned in subdivision 7 of section 5151, shall be within three days after the verdict or decision was rendered, unless unavoidably prevented. ”
Subdivision 7, § 5151 (subdivision 7, § 3356), is as follows: “Seventh. Newly-discovered evidence, material for the party applying, which he could not, with reasonable diligence, have discovered and produced at the trial.”