Legal Opinion · Concurrence

Ewell v. King

Indiana Court of Appeals

Decided March 13, 1962No. 19,299Published

1Concurrence

Concurring Opinion

Myers, J.

I concur in the majority opinion, and believe that it could have been based on additional reasons to those relied upon and set forth therein. The reasons upon which I would base a reversal are not presented or argued in appellants’ brief, nor do they appear as grounds for error in the motion for new trial. However, the facts supporting this reasoning stand out in the record with such stark clarity that, in my opinion, they cannot be ignored.

I realize that as a general rule the court will not search the record to reverse. But it has been held that this rule was not…

2Cases cited14 opinions

  1. Voelkel v. TohulkaIndiana Supreme Court · 1957
  2. Reynolds v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1895
  3. Reed v. Adams Steel & Wire WorksIndiana Court of Appeals · 1914
  4. Harvey v. LowryIndiana Supreme Court · 1932
  5. Stevens v. FlannaganIndiana Supreme Court · 1892

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