Cassell v. Cunningham
This text of 23 N.E. 272 (Cassell v. Cunningham) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
— In the trial court there was a dispute as to whether the complaint was changed before filing or after issue joined, and upon this question of fact affidavits were submitted and the court decided in favor of the appellee. It is well settled that where there is a conflict of evidence upon a question of fact the finding of the trial court will not be disturbed. If there had been no dispute there could be no reversal, for the change was not of such a material character as to justify us in holding that the trial court abused its discretion.
Judgment affirmed, with ten per cent, damages and costs.
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Cite This Page — Counsel Stack
23 N.E. 272, 121 Ind. 447, 1890 Ind. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cassell-v-cunningham-ind-1890.