190 Ind. 290 | Ind. | 1921
— This is in action in habeas corpus instituted by the appellant against the appellees to obtain the release of two infant children, daughter and son respectively, of appellant from the custody of the grandfather and grandmother, appellees herein.
A writ was issued to which appellees filed their joint motion to quash, which motion was overruled by the court, and appellees then filed their return to the writ, to which return appellant filed a general denial which closed the issues. The trial was had Avhich resulted in the finding and judgment of the court in favor of ap
The plaintiff appealed to this court and assigned as errors: (1) That the court erred, in overruling the motion for a new trial; (2) that the court erred in finding and decreeing that the plaintiff take nothing by his suit herein, and that the defendant recover of the plaintiff all costs herein laid out and expended; (3) that the court erred in finding that the plaintiff take nothing; and (4) that the court erred in failing to find for the appellant that said appellant should have been given the custody of said children mentioned in the petition.
presented to this court by alleging such causes by an assignment of error as in the case at bar. Zimmerman v. Gaumer (1899), 152 Ind. 552, 53 N. E. 829; Seisler v. Smith (1898), 150 Ind. 88, 46 N. E. 993; McGinnis v. Boyd (1896), 144 Ind. 393, 42 N. E. 678; Smith v. Ryan (1882), 83 Ind. 152. The statute provides that there shall be a specific assignment of all errors relied upon. The second, third and fourth errors assigned by appellant are too general to present any question for this court to decide. Pennsylvania Co. v. Gallentine (1881), 77 Ind. 322. Also the second, third and fourth assignments of error are analogous to the second assignment set forth in the case of Smith v. Ryan, supra, and present no question to be decided by this court, which leaves, as the only assignment of error available, the first, which provides that the court erred in overruling appellant’s motion for a new trial.
There is no available error. The judgment is affirmed.