Legal Opinion

Thieme & Wagner Brewing Co. v. Kessler

Indiana Court of Appeals

Decided March 15, 1911No. 7,026PublishedCited by 10 opinions

From Superior Court of Tippecanoe County; Truman F. Palmer, Special Judge. Suit by Thieme & Wagner Brewing Company against William Kessler. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtFelt, J.

— Suit by appellant to quiet title to real estate, and judgment for appellee, from which this appeal is taken.

Appellant in its brief assigns the following errors: (1) Overruling of the motion for a new trial; (2) instructing the jury to return a verdict for appellee; (3) rendering judgment in favor of appellee.

1. Causes for a new trial, even when properly stated, cannot be assigned as separate error, but must be included in such motion, and for that reason the second and third assignments present no question. Teeple v. State, ex rel. (1908), 171 Ind. 268.

2. Under the general heading of…

2Cases cited13 opinions

  1. Indianapolis Street Railway Co. v. MarschkeIndiana Supreme Court · 1906
  2. Howard v. AdkinsIndiana Supreme Court · 1906
  3. Buehner Chair Co. v. FeulnerIndiana Supreme Court · 1905
  4. Ohio & Mississippi Railway Co. v. DunnIndiana Supreme Court · 1894
  5. Indianapolis & Western Railway Co. v. RaganIndiana Supreme Court · 1909

8 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Scott v. StateIndiana Supreme Court · 1911
  2. German Fire Insurance v. ZonkerIndiana Court of Appeals · 1915
  3. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BeardIndiana Court of Appeals · 1913
  4. Roach v. Cumberland BankIndiana Court of Appeals · 1916
  5. Bartholomew v. GrimesIndiana Court of Appeals · 1912

5 more not listed; retrieve them via the Exa API.

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