Crowfoot v. Zink

This case is here for the second time. See Crowfoot v. Zink, 26 Ind. 187.

The defendaut, after the reversal, amended his answer. A demurrer was overruled to the second paragraph of the amended answer, and this presents the only question properly before this court.

The overruling the motion for a new trial is not assigned for error. It has been repeatedly held by this court, that the assignment of the cause for a new trial in the court below as error here, is not the proper mode to raise any question embraced in the motion. The statute provides that a motion for a new trial may be based upon…