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57 Ind. 261

Line v. Huber

Indiana Supreme Court

Decided May 15, 1877

Indiana Supreme Court · decided 1877-05-15

<p>New Tbiai.—Cause.—Ruling on Demurrer.—Practice.—Error of tbe court in its ruling on a demurrer is not cause for a new trial.</p> <p>Same.—Record.—Supreme Court.—Evidence.—"Where the evidence is not in the record, on appeal to the Supreme Court, no question is presented as to whether the verdict is sustained by the evidence, or is contrary to law.</p>

Relies on Cockran v. Nebeker

Decided 1877-05-15

Perkins, C. J.

¶1Suit by appellant, against appellee, for slander.

¶2Verdict and judgment for the appellee.

¶3There is but one assignment of error in this court, viz.: that the court below erred, in overruling appellant’s motion for a new trial.

¶4The causes for a new trial, specified in the motion, were:

¶51. The overruling of the demurrer to the second paragraph of answer, and the sustaining of the demurrer to the second paragraph of reply; and,

¶6' 2. That the verdict was contrary to the law and the evidence.

¶7Error in ruling upon a demurrer is not, in any ease, a reason for a new trial. The Ohio, etc., R. W. Co. v. Hemberger, 48 Ind. 462.

¶8That the verdict was contrary to the law and the evidence, was good cause for a motion for a new trial; but the court below overruled the motion, for the reason, we may infer, that the cause assigned did not exist; and, as the evidence is not in the record, we can not say the court erred in its ruling. . •

¶9Judgment affirmed, with costs.

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