Michener v. Bengel

Decided June 15, 1893

Indiana Supreme Court · decided 1893-06-15

Verdict. — Sufficiency of Evidence to Sustain. — That the evidence is insufficient to sustain the verdict, see opinion. Mortgage. — Mortgagee in Good Eaith. — Valuable Consideration. — That a mortgagee is one in good faith and for a valuable consideration, see opinion. Judgment. — Beversal.— Who Affected by. — A reversal of a judgment only operates as to those appealing, and leaves the judgment undisturbed as to those not appealing. Supreme Court Practice. — Sufficiency of Evidence to Support Verdict. —Where there is evidence for and against the finding of a necessary fact, it is the duty of the appellate tribunal to determine whether there was a failure of evidence to support a material issue involved. Opinion on petition for rehearing by Howard, J.

Relies on Cleveland, Columbus, Cincinnati & Indianapolis Railway Co v. Wynant · Butterfield v. Trittipo · Marsh v. Morris

Good law ✅— No negative treatment on recordhow we know

Decided 1893-06-15

How this case has been cited

Cited by 5 later decisions — most recently June 1926

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1On Petition for a Rehearing.

Howard, J.

¶2In asking for a rehearing of this case, counsel for appellee say that the reversal of the judgment as to the appellant could not have the effect to reverse it as to any party or parties not appealing. We agree with counsel in this. James B. Michener is the sole appellant here, and the reversal as to him leaves the judgment undisturbed as to those not appealing. Marsh v. Morris, 133 Ind. 548.

¶3While it is true, as counsel insist, that where there is evidence for and against the finding of a necessary fact, the finding as made below will not be disturbed, *195yet it is our duty, in a proper case, to decide, as we have done in this case, whether there was a failure of evidence to support a material issue involved. Butterfield v. Trittipo, 67 Ind. 338; Cleveland, etc., R. W. Co. v. Wynant, 134 Ind. 681.

Filed September 27, 1893.

¶4The petition for a rehearing is overruled.