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123 Ind. App. 484

Baker v. Cavolt

Indiana Court of Appeals

Decided April 16, 1953

Indiana Court of Appeals · decided 1953-04-16

Decided 1953-04-16

Royse, C. J.

¶1— This is an attempt by appellant to appeal from a judgment of the Clay Circuit Court in favor of appellee.

¶2Appellee has filed his motion to dismiss the appeal or in the alternative to affirm the judgment for the reason the . assignment of errors herein presents no question.

¶3The assignment of errors herein, omitting formal parts, is as follows:

“i. That there was manifest error occurring at the trial, by the Court, in overruling the defendant’s motion for a finding for the defendant at the close of the plaintiff’s evidence, for failure of the plaintiff to establish by alleging and proving that she was a duly licensed real estate salesman, under the laws of the State of Indiana.
“2. The finding of the Court is contrary to law.
“3. The finding of the Court is not sustained by sufficient evidence.”

¶4These are not proper independent assignments of error. Indiana Trial and Appellate Practice, by Flanagan, Wiltrout & Hamilton, §2386, pp. 156, 157.

¶5■ Therefore, the judgment is affirmed.

¶6Note. — Reported iii 111 N. E. 2d 668.

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