Lewis v. Burke

This is an appeal from the Switzerland Circuit Court wherein the trial court sustained the motion for a new trial filed by the appellee herein. The appellant brings this appeal by virtue of Section 2-3201 (b), Burns’ Indiana Statutes, Anno., and the assigned error on appeal is that the trial court erred in granting the appellee’s motion for a new trial.

The general rule of law is well settled that on appeal all reasonable presumptions are indulged in favor of the rulings and judgment of the trial court. Generally speaking, if the action of the trial court is sustainable upon any theory, it…