Reports of the Cases Decided in the Appellate Court of Indiana Volume 57 (Paperback)

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. 1915 edition. Excerpt: ...Judgment affirmedNOTE. Reported in 107 N. E. 298. As to creditors dill to '3 1. APPEAL.--A.881'g1l1)l61'I.t of Err0rs.--Waire1'. rors in the conclusions of law stated by the tri overruling the motion for new trial, are waive Set out the finding of facts and the motion for new subtance of either, in appellant's briefs. 11-415-2. APPEAL.---Record.--Duty to Show Errm'.----It is the duo' "l ''1' Dellant to point out error, and the court will not Search the record to reverse. p. 415. Action between John W. Henderson and others the C0untry Publishing Company and another. From aJ1ldgment for the latter, the former appeal. Affirmed" R. M. Miller, H. C. Barnett and 0. S. Bar-neii, fol' appel lants. Spence-r ct? Spencer, Branigan (% Williams fllld Slack, for appellees.;__E_ LAIRY, J.--The errors assigned on this appeal are that the trial court erred in its conclusions of law upon the special finding of facts and in overruling appellants' motion for a. new trial. The briefs present no question for review. Appellants have failed to set out in their brief the special finding of facts, and the substance thereof is not stated in such 1. a. manner as would enable this court, without refer ence to the transcript, to pass upon the the correctness of the conclusions of law based thereon. Under the rules of this court and numerous decisions the error, if any, is waived. Town of Jasper v. Cassidy (1913), 53 Ind. App. 678, 102 N. E. 278. The brief of appellants does not contain a copy of their motion for a new trial, or state the substance thereof, and no error predicated on the ruling on such motion is presented for review. Chaney v. Mul 2. Zis (1913), 54 Ind. App. 233, 102 N. E. 872. It is the duty of appellant...