Mitchell v. Smith

This case comes to us on appeal from the Hamilton Circuit Court. The case was tried by a jury. The jury found for the appellee, Clarence L. Smith, plaintiff below and assessed damages at $5,000.00. Consistent judgment was rendered on the verdict. The issues below were formed by the plaintiff’s complaint and the defendant’s answer under rule 1-3.

It is noted in the argument portion of the appellant’s brief that, he expressly waives specifications 3 and 4 set out in the motion for new trial. Further the appellant combines 1, 2, 5 and 6 and argues them jointly and we shall so consider them.

The…