Bullerdick v. Miller

Indiana Court of Appeals

Bullerdick v. Miller

155 N.E. 832, 86 Ind. App. 66, 1927 Ind. App. LEXIS 54

CourtIndiana Court of Appeals

DecidedApril 8, 1927

DocketNo. 12,588.

StatusPublished

This text of 155 N.E. 832 (Bullerdick v. Miller) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bullerdick v. Miller, 155 N.E. 832, 86 Ind. App. 66, 1927 Ind. App. LEXIS 54 (Ind. Ct. App. 1927).

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Opinion

Nichols, J. —

This was an independent action, under §589 Burns 1914, §614 Bums 1926, to procure a new trial on the ground of newly-discovered evidence. The original action was appealed to this court on the merits, the error assigned being the action of the court in overruling appellant’s motion for a new trial for cause. See Bullerdick v. Miller (1926), 85 Ind. App. 369, 152 N. E. 280. The judgment on that appeal having been reversed with instructions to the trial court to grant a new trial, the question here involved becomes moot.

The appeal is therefore dismissed.

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Nichols, J. —

This was an independent action, under §589 Burns 1914, §614 Bums 1926, to procure a new trial on the ground of newly-discovered evidence. The original action was appealed to this court on the merits, the error assigned being the action of the court in overruling appellant’s motion for a new trial for cause. See Bullerdick v. Miller (1926), 85 Ind. App. 369, 152 N. E. 280. The judgment on that appeal having been reversed with instructions to the trial court to grant a new trial, the question here involved becomes moot.

The appeal is therefore dismissed.

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Bluebook (online)

155 N.E. 832, 86 Ind. App. 66, 1927 Ind. App. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bullerdick-v-miller-indctapp-1927.

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