Mechanics & Traders Insurance Co. of New Orleans v. Mini

Appellee brought an action against the appellant to recover under a fire insurance policy for damages sustained and recovered a judgment therein in the sum of $2,439.42. Following this the appellant attempted, under certain circumstances, to file a motion for new trial, the details and particulars of which attempt are set out fully in the case of State ex rel. Mechanics & Traders Ins. Co. v. Buente, Judge (1936), 102 Ind. App. 563, 1 N. E. (2d) 454.

In the instant case the assignment of error is that “(1) the trial court erred in sustaining plaintiff’s motion to strike from the files in this…