150 Ind. 605 | Ind. | 1898
The appellants sued the appellees in a complaint of two paragraphs. A trial of the issues by the court without a jury resulted in a finding and judgment for the defendants on the first paragraph of the complaint, and for the plaintiffs for $100.00 damages on the second paragraph. The circuit court overruled appellants’ motion for a new trial as of right under the statute. Section 1077, Burns’ R. S. 1894 (1065, R. S. 1881). Error is assigned on that ruling only. The first paragraph of the complaint, being for the recovery of the possession of real estate, would, in the absence of any other paragraph, entitle the plaintiff to a new trial as a matter of right, without cause, under the statute cited. And so,- if the second paragraph was for the recovery of said possession, or to quiet title, then the whole case made by
Jordan, J., did not participate in this decision.