Newton D/B/a, Etc. v. Hunt D/B/a, Etc.

This is an appeal from a judgment on a complaint on account.

The appellee has not filed a brief in support of the judgment of the trial court. Both the Supreme Court of Indiana and our court have adopted a rule that the failure of an appellee to file a brief controverting the errors by the appellant, where the appellant’s brief makes a prima facie showing of reversible error, may be taken as a confession of such errors. In such cases, the judgment may accordingly be reversed and the cause remanded without prejudice to either pa,rty. This rule is not to be invoked nor has it been established…