¶1This is an action by appellee against appellant, based on an alleged breach of a written contract, in which á judgment was rendered against the latter for the sum of $800. Appellant filed a motion for a new trial, alleging among' the reasons therefor, that the assessment of the amount of recovery is erroneous, being too large. The action of the court in overruling this motion is assigned as error on appeal. We *24have carefully considered appellant’s brief, and have reached the conclusion that it discloses prima facie, that the court erred in overruling said motion for the reason stated above. Appellee has not filed a brief in ' support of the judgment, and, therefore, under the circumstances stated,- such failure will be taken as a confession of error, justifying a reversal, without considering other reasons on which such motion is based. Union Traction Co. v. Wolf (1920), 78 Ind. App. 392, 127 N. E. 564; Glencoe Cotton Mills v. Capitol Paper Co. (1920), 74 Ind. App. 289, 128 N. E. 699; Roberts v. Fesler (1920), 74 Ind. App. 333, 128 N. E. 359; Robertson v. Ewing (1922), 78 Ind. App. 307, 135 N. E. 491. Judgment reversed, with instructions to sustain appellant’s motion for a new trial.
81 Ind. App. 23
Goldberg v. Hauer
Decided January 18, 1924
Indiana Court of Appeals · decided 1924-01-18
Relies on Outing Kumfy-Kab Co. v. Ivey · Roberts v. Fesler · Robertson v. Ewing
Good law ✅— No negative treatment on recordhow we know
Decided 1924-01-18
How this case has been cited
Cited by 10 later decisions — most recently December 1942
10 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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