Conner v. Wall

Decided November 15, 1871

Indiana Supreme Court · decided 1871-11-15

<p>Practice.—Assignment of Error.—No question is presented in the Supreme 1 Court by the assignment as error of a reason for a new trial in the court below.</p>

Cited by 1 later decisions — most recently November 1877

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1871-11-15

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Worden, C. J.

¶1This was an action by the appellee *253against William W. Conner and John C. Conner, upon a promissory note. Finding by the court, and judgment for the plaintiff.

D. Moss, for appellant.J. O'Brien and W. O’Brien, for appellee.

¶2John C. Conner alone appeals, arid assigns for error the following only: ‘fNow comes the appellant and says there is manifest error in the record and proceedings, in this, that the finding of the court is not sustained by sufficient evidence.”

¶3No authorities need be cited to the point that no question is raised by this assignment of error. The error should have' been assigned upon the overruling of a motion for anew trial.

¶4The judgment below is affirmed, with costs.