Bennett v. Simon

This was an appeal taken by appellant from a survey of real estate under section 8035 Burns 1894, section 5955 Horner 1897. The court tried the case on the last day of the December term of said court, and made a special finding, of facts, and stated conclusions of law thereon sustaining the survey, and rendered judgment accordingly. On March 7, 1898, the first day of the next term of the court below, appellant filed a motion for a new trial, which was overruled by the court. Before said motion for a new *491trial was overruled, appellant filed a motion for a venire de novo, which was overruled.…