Miller v. Wabash Fire & Casualty Insurance

— The two actions here involved were consolidated for purpose of appeal.

The assignments of error on this appeal are: that the court erred in overruling appellant’s motion for a new trial and that the court erred in its conclusions of *383law, numbered 2, 4 and 5, respectively. The grounds specified in the new trial motion are that the decision of the court is not sustained by sufficient evidence and that said decision is contrary to law. All of said assignments require a consideration of the evidence. The only evidence presented and admitted at the trial by the court consisted of written…