Gerner v. Marshall

— This is an appeal from a judgment rendered on a verdict in the Franklin Circuit Court. Appellee recovered judgment for $2,500 against appellants, husband and wife, and the owners and operators of “The Turtle House,” a tavern in the Town of Brook-ville, Indiana.

Appellee was a customer at the tavern and alleges that he was shot by appellant, A. Ben Gerner. Appellant, A. Ben Gerner, admits the shooting, alleging self-defense.

Appellants assign as error the trial court’s overruling of their motion for a new trial.

*261Appellants’ motion for a new trial contains affidavits charging that the judge,…