Johnson v. Briscoe

Bicknell, C. C.

This was an action to recover possession of land and damages for detaining it.

The parties submitted the cause to the court for trial upon an amended complaint. Such a submission waives an issue,, and the pleading not answered is regarded as denied. Cogswell v. State, ex rel., 65 Ind. 1; Kirkpatrick v. Alexander, 60 Ind. 95.

The court found for the plaintiffs, with $20 damages. The defendant’s motion for a new trial was overruled, judgment Was rendered on the finding, and the defendant appealed. He assigns as error the overruling of the motion for a new trial. The reasons for a…