Adams v. Ulsh
Indiana Court of Appeals
From the Kosciusko Circuit Court.
1Opinion of the CourtRobinson, J.
Refusing a continuance can not be assigned independently as error, but must be questioned by stating it as a ground in a motion for a new trial. Westerfield v. Spencer, 61 Ind. 339.
The court overruled a motion to separate the causes of action. As this motion has not been made part of the record by bill of exceptions, or otherwise, no question is presented. Cargar v. Fee, 140 Ind. 572; Shields v. McMahan, 101 Ind. 591.
Errors in admitting evidence, and that the verdict is contrary to law and the evidence, can not be assigned independently, but are properly causes for a new trial.
The last error…
2Cases cited4 opinions
- Cargar v. FeeIndiana Supreme Court · 1894
- Westerfield v. SpencerIndiana Supreme Court · 1878
- Shields v. McMahanIndiana Supreme Court · 1885
- Rains v. BolinIndiana Court of Appeals · 1893