43 Ind. 549
Decided November 15, 1873
Indiana Supreme Court · decided 1873-11-15
<p>Supreme Court. — Assignment of Error. — Where the overruling of a motion for a new trial is not assigned as error, the Supreme Court will not consider any error properly constituting a cause for a new trial.</p>
Cited by 2 later decisions — most recently November 1877
2 state decisions
Relies on Tyner v. Adams · Cole v. Burris
Good law ✅— No negative treatment on recordhow we know
Decided 1873-11-15
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¶1There are no questions presented by the assignment of errors in this case, except such as should have been stated as reasons for a new trial. The overruling of the motion for a new trial is not assigned as error. The case is like the case of Cole v. Burris, 38 Ind. 168; and for the reasons there stated the judgment must be affirmed. See Tyner v. Adams, 34 Ind. 401.
¶2Judgment affirmed, with five' per cent, damages and costs.