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112 Ind. 117

Sertel v. Graeter

Indiana Supreme Court

Decided October 18, 1887

Indiana Supreme Court · decided 1887-10-18

<p>PeACTice. — Supreme Gouri. — Appeal.—Motion, for New Trial. — Bill of Exceptions. — Where one of the causes relied on in a motion for a new trial is the rejection of offered evidence, the motion must specifically indicate the evidence offered and excluded, and the bill of exceptions must show that the evidence offered was that indicated in such motion.</p>

Cited by 1 later decisions — most recently October 1960

1 state decisions

Relies on Bruker v. Kelsey

Good law ✅— No negative treatment on recordhow we know

Decided 1887-10-18

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Elliott, J.

¶1One of the points relied on for a reversal of the judgment in this case is that the trial court erred in refusing to permit testimony offered by the appellant to be introduced.

¶2It is answered by the appellee by the assertion that the motion for a new trial specifies, as the erroneous ruling of the *118court, the refusal to admit plans and specifications in evidence, while the bill of exceptions shows that the offer was of parol evidence to prove the contents of the plans and specifications.

Filed Oct. 18, 1887.

¶3The record sustains the appellee as to the fact, and the law is with him. The motion for a new trial must specifically indicate the evidence offered and excluded, and the bill of exceptions must show that the evidence offered was that indicated in the motion. Bruker v. Kelsey, 72 Ind. 51.

¶4There is evidence sustaining the finding upon all material points, and it must remain undisturbed.

¶5Judgment affirmed.

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