Hughes v. Ainslee

Indiana Supreme Court

Decided November 15, 1867

Indiana Supreme Court · decided 1867-11-15

<p>APPEAL from the Washington Common Pleas.</p>

Relies on Kent v. Lawson · Gray v. Stiver

Good law ✅— No negative treatment on recordhow we know

Decided 1867-11-15

How this case has been cited

Cited by 3 later decisions — most recently June 1908

3 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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Ray, J.

¶1— The appellant informs us that, “waiving all other objections to the ruling of the court below, he relies upon the error of the court in overruling the affidavit for a continuance, to reverse this case.”

¶2There are at least three somewhat serious objections to a reversal upon that ground. The affidavit is not made part *347of the record by bill of exceptions. The ruling of the court upon the motion for a continuance was not assigned as a cause for a new trial in the court below. Grey v. Stiver et al., 24 Ind. 174; Kent v. Lawson, 12 Ind. 675. There was no motion for a new trial.

H. Heffren, for appellant.J. A. Ghormley and M. C. Kerr, for appellee.

¶3The judgment is affirmed, with five per cent, damages, and costs.