Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 71
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. 1885 edition. Excerpt: ...ought to and must be overruled, which is done accordingly. The appellant, severing in his defence, answered the complaint by a general denial thereof, as did also his co-defendant, O'Rear. The issues joined were tried by the court, and, at the appellees' request, the court made a special finding of the facts and of its conclusions of law thereon, "to which finding of facts and conclusions of law the defendants except and object." The appellant's separate motion for a new trial having been overruled, and-his exception entered to this ruling, the court rendered judgment upon and in accordance with its special finding, from which judgment this appeal is now here prosecuted. In this court, the appellant has assigned, as errors, the following decisions of the circuit court: 1. In overruling his motion for a new trial; and, 2. In its conclusions of law upon the facts specially found. We will consider and decide the questions arising under these alleged errors, in the inverse order of their assignment. We give the substance of the court's special finding of facts and conclusions of law, as follows: ' " The court, at the request of the plaintiffs, at the proper time, makes the following special finding of facts: " That on the 26th day of January, 187.3, Villiani Barnish departed this life, intestate, possessed of about $170 worth of personal property, and 120 acres of real estate; that on the 22d day of February, 1875, the defendant Robert F. O'Rear was appointed administrator of the estate of William Barnish, deceased; that on the 2d day of April, 1875, with the consent and authority of John Barnish and Mary O'Rear, wife of the said Robert, they being the only heirs of Wm....
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- 13 Sep 2013
- Illustrations, black and white