Lingerman v. Nave

Decided May 15, 1869

Indiana Supreme Court · decided 1869-05-15

<p>Practice.—Supreme Court.—New Trial.—Assignment of Errors.—Where in an assignment of errors the only errors complained of relate to matters occurring on the trial for which a new trial was prayed, but the action of the court in overruling the motion is not assigned for error, no question is properly raised in this court.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1869-05-15

How this case has been cited

Cited by 4 later decisions — most recently June 1959

4 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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Elliott, C. J.

¶1Suit by Have against the appellants, on a promissory note. Issues were formed, the trial of which resulted in a finding and judgment for the plaintiff below; a motion for a new trial being overruled.

¶2The judgment must be affirmed. The only errors complained of relate to matter’s occurring on the trial, and for which a new trial was prayed; but the action of the court in overruling the motion for a new trial is not assigned for error. Ho question, therefore, is properly raised by the assignment of errors.

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