Davy v. Brown

Indiana Court of Appeals

Davy v. Brown

78 N.E. 335, 38 Ind. App. 413, 1906 Ind. App. LEXIS 213

CourtIndiana Court of Appeals

DecidedJune 26, 1906

DocketNo. 5,776

StatusPublished

This text of 78 N.E. 335 (Davy v. Brown) 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

Davy v. Brown, 78 N.E. 335, 38 Ind. App. 413, 1906 Ind. App. LEXIS 213 (Ind. Ct. App. 1906).

Pincite

Opinion

Black, J.

The “errors relied upon for a reversal” in the brief of the appellants all pertain to what is designated in the brief as the twenty-sixth assignment of error, which [414]*414is that “the court erred iu overruling the motion of the appellants for a new trial.”

This assignment is made by a large number of persons and corporations jointly, as appellants. The motion for a new trial was made by a portion only of the appellants, and it appears from the record that those who made the motion excepted “separately” to the action of the court thereon. Not only did those appellants affected by the ruling not except to it jointly, but also some of the appellants jointly assigning the ruling as error did not take any exception thereto.

Judgment affirmed.

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Black, J.

The “errors relied upon for a reversal” in the brief of the appellants all pertain to what is designated in the brief as the twenty-sixth assignment of error, which [414]*414is that “the court erred iu overruling the motion of the appellants for a new trial.”

This assignment is made by a large number of persons and corporations jointly, as appellants. The motion for a new trial was made by a portion only of the appellants, and it appears from the record that those who made the motion excepted “separately” to the action of the court thereon. Not only did those appellants affected by the ruling not except to it jointly, but also some of the appellants jointly assigning the ruling as error did not take any exception thereto.

Judgment affirmed.

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Bluebook (online)

78 N.E. 335, 38 Ind. App. 413, 1906 Ind. App. LEXIS 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davy-v-brown-indctapp-1906.