Elder v. DOWD, WARDEN, ETC.

This is an appeal from a judgment for the appellee who was defendant to a complaint for writ of habeas corpus. We overruled appellee’s motion here to dismiss the appeal, and the cause has been briefed upon the merits.

*258*257Appellee contended in the motion to dismiss that appellant had nothing to present, since he had not filed any motion for a new trial in the trial court. In habeas corpus proceedings it has been the practice in this state to file motions for new trial when a party suffers an adverse decision. See Scott v. Scott (1949), 227 Ind. 396, 86 N. E. 2d 533; Gluff v. Rouls (1950), 228…