49 Ind. 201 | Ind. | 1874
This was an action by Moon against Van
The defendant filed an answer of general denial and a paragraph, under oath, specially denying the execution of the note. '
. Trial by the court; finding and judgment for the defendant, a new trial being refused.
The case is before us on the evidence, upon an examination of which we are of opinion that a new trial should have been granted. ■
The case is very similar to that of Nebeker v. Cutsinger, at the present term, 48 Ind. 436; and the law, as decided in that case, entitles, the appellant to a new trial in this.
The judgment below is reversed, with costs, and the cause .remanded for a new trial.
In my opinion, the facts in this case do not bring it within the principle announced in Nebeker v. Out-singer.