¶2The assignment that the court erred in refusing the change of venue is logically correct. It would seem that no new trial could be granted in a case in which there has been no trial. It is also logically correct to make such assignment where there has been a trial, for the reason that such motion and the refusal thereof can have no more to do with the trial than the ruling on a demurrer or any other action which has nothing to do with it. Citizens St. R. Co. v. Shepherd (1902), 29 Ind. App. 412, 424. If logic governs in making assignments of error, the cases cited on page 424, supra, should be overruled.
46 Ind. App. 335
Brenner v. Heiler
Decided May 11, 1910
Indiana Court of Appeals · decided 1910-05-11
<p>From Dubois Circuit Court; Virgil R. Greene, Special Judge.</p> <p>Suit by Lena Heiler against Robert Brenner. From a decree for plaintiff, defendant appeals.</p>
Relies on Citizens Street Railroad v. Shepherd
Good law ✅— No negative treatment on recordhow we know
Affirmed · Decided 1910-05-11
How this case has been cited
Cited by 16 later decisions — most recently April 1940
16 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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