Legal Opinion

Welborn v. Kimmerling

Indiana Court of Appeals

Decided October 28, 1909No. 6,458PublishedCited by 11 opinions

From Madison Circuit Court; John F. McClure, Judge. Action by Abraham Kimmerling and another against William J. Welborn. From a judgment for plaintiffs, defendant appeals.

1Opinion of the CourtWatson, J.

This was an action in ejectment for a small tract of low and marshy land of about three acres, lying along a ditch. It is alleged in the complaint that appellant is holding possession thereof without right, and has for three years or more unlawfully kept plaintiffs out of possession.

There are three assignments of error, but appellant contends only for the error under the third assignment, to wit: “The court erred in overruling the motion for a new trial.” Two reasons assigned in the motion for a new trial are that the verdict of the jury is not sustained by sufficient evidence and that it is…

2Cases cited11 opinions

  1. Prigg v. PennsylvaniaSupreme Court of the United States · 1842
  2. Miller v. McGlaunSupreme Court of Georgia · 1879
  3. Sonnemann v. MertzIllinois Supreme Court · 1906
  4. Meyers v. JohnsonIndiana Supreme Court · 1860
  5. Doe v. BrownIndiana Supreme Court · 1844

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Freiburger v. FryIndiana Court of Appeals · 1982
  2. Rosenmeier v. MahrenholzIndiana Supreme Court · 1913
  3. Stalcup v. LingleIndiana Court of Appeals · 1921
  4. Pilotte v. BrummettIndiana Court of Appeals · 1975
  5. Southwest Forest Industries, Dunlap Division v. FirthIndiana Court of Appeals · 1982

6 more not listed; retrieve them via the Exa API.

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