Cowan v. Murphy

ISSUES:

Lowdermilk, J.

The issues presented in this action are:

Whether the action was commenced too late so as to be barred by the statute of limitations under IC 1971, 34-1-2-2 (5) (Burns Code Ed.), and whether the judgment was based on insufficient evidence and the trial court erred in its special findings of fact and conclusions of law thereon.

Whether the trial judge committed reversible error in reopening the cause after both parties had rested and whether his decision is, therefore, unsupportable on the basis of the evidence produced before the case was reopened.

FACTS:

Defendant-appellant,…