Nutter v. Hendricks

The appellants sued the appellees in a complaint of two paragraphs. A trial of the issues by the court without a jury resulted in a finding and judgment for the defendants on the first paragraph of the complaint, and for the plaintiffs for $100.00 damages on the second paragraph. The circuit court overruled appellants’ motion for a new trial as of right under the statute. Section 1077, Burns’ R. S. 1894 (1065, R. S. 1881). Error is assigned on that ruling only. The first paragraph of the complaint, being for the recovery of the possession of real estate, would, in the absence of any other…