Powell v. Pierce

11 Ind. 322

• Court: Indiana Supreme Court
• Decided: December 11, 1858
• Status: Published

Opinion

Per Curiam.

Suit by the appellant against the appellees, to recover the value of a kettle, delivered as per order of the defendants. Answer in denial. Trial by jury; verdict and judgment for defendants. Motion for new trial overruled.

The errors assigned are — 1. The refusal of the Court to give instructions asked. 2. The refusal to grant a new trial.

There is some evidence set out in a bill of exceptions; but it is not alleged that “this was all the evidence given in the cause,” in accordance with the 30th rule; and, therefore, we must presume that the instructions refused, on the supposition that they were abstractly correct, were irrelevant. The N. A. and S. Railroad Co. v. Callow, 8 Ind. R. 471.

For the same reason, we cannot examine the correctness of the ruling on the motion for a new trial

(1).

The judgment is affirmed with costs.

See the next preceding case.