Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 66
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ...which remonstrance had been duly In the circuit court, the appellants re-filed their remonstrance, praying for the appointment of reviewers to assess their respective damages occasioned by the proposed change of highway, which remonstrance had been rejected by the board of commissioners. Thereupon the appellees moved the court to strike out said rcmonstranee and to dismiss the appeal. The court sustained the appellees' motion to strike out the remonstrance, to which decision the appellants excepted and filed their bill of exceptions. The motion to dismiss the appeal was overruled. The cause was tried by a jury, and a general verdict was returned for the appellees, that the proposed change of highway, as prayed for in the petition of the appellees, would be of " public utility." Upon the return of the verdict, the record proceeds as follows: " And the defendants now move the court to set aside the general finding of the jury in this behalf, and grant them a new trial of this cause, and have time till the first day of the next term of this court to file their reasons in support of said motion." Without action of any kind on this motion, the cause was continued until the next term; and on the first day of said term the appellants, over the appcllees' objections, were allowed by the court to file their written motion for a new trial. Afterward, at the same term, the appellees moved the court in writing to reject the appellants' motion and reasons for a new trial, upon the ground that the same were not filed at the term of the court at which the verdict was returned; which motion was sustained by the court, and to this decision the appellants excepted and filed their bills of exceptions. The...
- Paperback | 222 pages
- 189 x 246 x 12mm | 404g
- 13 Sep 2013
- Illustrations, black and white