56 Ind. App. 586 | Ind. Ct. App. | 1914
This appeal was taken from a single judgment rendered in five separate suits brought in the Vanderburgh Circuit Court by Henry Maley and Charles E. Maley, partners doing business under the firm name of “Henry
On the issues thus formed, there was a trial by the court of cause No. 4044, and it found .for the appellee lumber company, that it recover the sum of $940.51 in the hands of the clerk of the Yanderburgh Circuit Court, and rendered judgment accordingly. After the rendition of this judgment in No. 4044, the record shows the following entry:
It will be observed that this agreement does not purport to be joined in by the respective insurance companies.
In the record, following the bill of exceptions and just preceding the precipe, we find what purports to be a stipulation under a caption like that above indicated setting out the title and number of each of the separate cases which stipulation provides as follows: “It is hereby stipulated and agreed that the five (5) cases designated in the caption hereof are identical in every particular, except as to the names of the insurance companies made defendant, and that as the money which was due upon the policies of each of the companies has been paid into court, they were nominal parties only at the time of the hearing of these cases. That the transcript shall contain one copy of the pleadings and that all the pleadings in each ease are exactly alike, except the name of the defendant insurance companies, and that the question arising in all of these cases, the same having been consolidated and tried as one case, shall be heard and determined upon appeal, and the finding and decision of the Appellate Court shall have the same effect upon all of the cases. It is further stipulated that all of the entries
In the caption of the assignment of errors in this court there are five separate groups of appellants and appellees, each group corresponding to the respective plaintiffs and defendants in the several suits below, except that George T. Schultze, Joseph Waltman and Allen B. Cody, partners doing business under the firm name of Schultze, Waltman and Company, alone are appellants in each group and the lumber company and one of the insurance companies are made appellees in each group.
The errors assigned are (1) the overruling of appellants’ demurrer to the complaint; (2) the overruling of appellants’ demurrer to the second, third and fourth paragraphs of appellees’ answer to the cross-complaint, and the overruling of each of the demurrers; and (3) the overruling of appellants’ motion for a new trial.
The only grounds of the motion for a new trial which, under the rules of the court, can be said to be presented by appellants’ brief are those which charge that the decision is not sustained by sufficient evidence, and is contrary to law. In their brief appellants say: “The real questions in controversy were between Henry Maley Lumber Company and Schultze, "Whitman and Company, the Henry Maley Lumber Company claiming the insurance belonged to them because of a contract between Schultze, Whitman and Company and them, which is set out in the pleadings * * * . By the terms of this contract it is claimed by the appellees they are entitled to this insurance, and the appellants claim they are entitled to the insurance by the terms of the same contract. This difference in the interpretation of the contract raises the real question which is to be determined upon this appeal. ’ ’
Note. — Reported in 105 N. E. 942. See, also, under (1) 3 Cyc. 117; (2) 2 Cyc. 985; (3) 2 Cyc. 1014; (4) 3 Cyc. 360, 348.