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26 Ind. App. 628

Fenner v. Simon

Indiana Court of Appeals

Decided May 9, 1901

Indiana Court of Appeals · decided 1901-05-09

<p>New Trial. — Reasons.—Specifications.— That the judgment is contrary to the evidence, is not sustained by the evidence and is contrary to law, are not reasons for a new trial as recognized by §568 Burns 1894.</p>

Affirmed · Decided 1901-05-09

Black, J.

¶1The overruling of the appellant’s motion for a new tidal is alone assigned as error. In the motion for a new trial causes were stated as follows: “(1) The judgment of the court is contrary to the evidence; (2) the judgment of the court is not sustained by the evidence in this cause; (3) the judgment of the court is contrary to law.” The statute prescribing the cases in which a new trial may be granted in a civil action does not recognize as a cause fox a new trial any of the reasons stated in this motion. §568 Burns 1894, §559 Homer 1891.

¶2Judgment affirmed.

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