Arbuckle v. McCoy

53 Ind. 63
Indiana Supreme Court·Decided May 15, 1876·Published·Cited by 2 cases

Opinion

Downey, C. J.

Where the court has improperly refused to grant a continuance, the ruling must be made a ground [64]*64of a motion for a new trial, in order to present the question to this court, and then it must be done by assigning as error the overruling of the motion for a new trial. Carr v. Eaton, 42 Ind. 385, and cases cited; Buskirk's Pr. 224.

The judgment is affirmed, with five per cent, damages and costs.

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Arbuckle v. McCoy, 53 Ind. 63 (Ind. 1876).

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