Legal Opinion
Keplinger v. Ward
Indiana Court of Appeals
Decided March 28, 1946No. 17,436PublishedCited by 10 opinions
1Opinion of the Court
OPINION.SUSPENDING APPEAL
Flanagan, C. J.
The only assignment of error not waived by appellant is, “The court erred in overruling appellant’s amended motion for. a new trial.”
But the amended motion for a new trial was not filed until 56 days after the finding and judgment of the trial court. Having been filed too late it was a nullity. It did not take out the original motion and the court’s ruling on it presents no question for consideration. Berning v. Scheuman (1942), 111 Ind. App. 156, 40 N. E. (2d) 1005.
An examination of the transcript discloses that the original motion for a new trial was…
2Cases cited1 opinion
- Berning v. ScheumanIndiana Court of Appeals · 1942
3Cited by10 opinions
- Fairwood Bluffs Conservancy District v. ImelIndiana Court of Appeals · 1970
- Buuck v. KruckebergIndiana Court of Appeals · 1951
- Lamb v. ConderIndiana Court of Appeals · 1975
- Noyer, Exr. v. EckerIndiana Court of Appeals · 1954
- Schutz v. LearyIndiana Court of Appeals · 1952
5 more not listed; retrieve them via the Exa API.