Wilson v. Kester
Indiana Court of Appeals
From Grant Circuit Court; H. J. Paulus, Judge. Action by Mary A. Kester against Ella S. Wilson and others. From the judgment rendered, Ella S. Wilson and another appeal.
1Opinion of the CourtFelt, J.
1. The only error assigned and relied on for reversal of the judgment of the lower court is the overruling of appellants’ motion for anew trial. The only questions attempted to be presented under the motion for a new trial depend upon the evidence which is not properly in the record, and can not therefore be considered.
2. The motion for a new trial was overruled on June 23, 1913, and on June 30, 1913, at the same term of court, appellants were given ninety days to file their bill of exceptions containing the evidence. Under the statute and repeated decisions of both our courts of last resort,…
2Cases cited4 opinions
- Brown v. American Steel & Wire Co.Indiana Court of Appeals · 1909
- Stremmel v. Gaar, Scott & Co.Indiana Supreme Court · 1911
- Theobald v. ClappIndiana Court of Appeals · 1909
- Huntington Brewing Co. v. MilesIndiana Supreme Court · 1911
3Cited by9 opinions
- Bass v. StateIndiana Supreme Court · 1918
- Tozer v. Hobbs' EstateIndiana Court of Appeals · 1923
- Home Stove Co. v. BishopIndiana Court of Appeals · 1918
- Conover v. CooperIndiana Court of Appeals · 1924
- Shaw v. Union Trust Co.Indiana Court of Appeals · 1923
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