16 Ind. App. 492 | Ind. Ct. App. | 1896
Lead Opinion
The appellee filed a claim against the estate of Oscar A. Simons, deceased, for services alleged to have been rendered by the appellee for the decedent in the purchase of an interest in certain real estate, situate near Cadillac, Michigan. In the circuit court there was a trial by jury, which resulted in a verdict for the appellee in the sum of $500.00.
The only error assigned in this court is the overruling of appellant’s motion for a new trial. It is insisted that the verdict is not supported by sufficient evidence and is contrary to the law.
On the trial of the cause the appellee gave evidence which tended to prove that in 1881 the decedent was a trustee for himself and others of a large amount of property at Cadillac, Michigan, in which the decedent owned a one-fourth interest and the estate of one Mitchell, owned a one-half interest; the decedent was desirous of purchasing the interest of the Mitchell estate, and he procured the appellee to make the purchase in his own name. The purchase was made in 1882, and subsequently in the same year the appellee conveyed such interest to the decedent, and the decedent promised to pay appellee for his services as soon as the Mitchell estate should be settled. The Mitchell estate was settled in the year of 1884. This claim was filed August 14,1889.
The appellant’s contention is that the demand accrued in 1882 when the services were rendered and that it is consequently barred by the six-year statute of limitations.
There was evidence that tended to show that the demand should not accrue until the settlement of the Mitchell estate and as this did not occur until 1884, the statute did not begin to run until that time. In this view of the case the claim was not barred.
The rule is that the plaintiff must produce some evi
There was some evidence on every material issue in this case. This evidence was conflicting. We are not permitted to weigh it.
We find no reversible error in the record.
Judgment affirmed.
Rehearing
On Petition for Rehearing.
The appellant insists that the court failed to dispose of two of his contentions on the former hearing.
The appellee’s claim was not-filed thirty days’before the final settlement of the estate, and it is insisted that it was barred under the provisions of section 2465, Burns’ R. S. 1894 (2310, Horner’s R. S. 1896), see, also, Roberts v. Spencer, 112 Ind. 81; Schrichte v. Stites’
Whether or not this showing is sufficient to avoid the statute, we need not determine. In his original brief the appellant did not. discuss the effect of this agreement. -This language is used: “We simply call the attention of the court to the statement and desire it to give full force to our agreement and express the hope that it will not be necessary to consider this question.”
A party cannot be regarded as having stated a point when he does no more than assert in general terms that a ruling is erroneous. He must point out specifically wherein the ruling complained of is erroneous. A mere general assertion that a ruling is erroneous is not the making of a point. Louisville, etc., R. R. Co. v. Berry, 9 Ind. App. 63, 71. We did not dispose of this question on the former hearing for the reason that we did not consider the point made.
On the trial of the cause, the appellant offered in evidence a contract of settlement made between the appellant’s decedent and the appellee in which the appellee made no claim for the services now in controversy. This offer was excluded. The settlement,