Egbert v. Egbert, 18028

• Decision Date: 21 December 1950
• Docket Number: No. 18028,18028
• Parties: EGBERT v. EGBERT et al.
• Court: Indiana Appellate Court

Page 637

95 N.E.2d 637

120 Ind.App. 670

EGBERT v. EGBERT et al.

No. 18028.

Appellate Court of Indiana, in Banc.

Dec. 21, 1950.

Howard S. Grimm, Auburn, Otto E. Grant, Fort Wayne, Claud Barker, Albion, for appellant.

Husselman & Husselman, Auburn, for McEntarfer & McEntarfer.

Mountz & Mountz, Garrett, Dan M. Link, Auburn, for Cameron & Cameron.

ROYSE, Judge.

This is the second appeal in this case. Originally it was tried in the Noble Circuit Court where there was a finding in favor of appellees. On appeal we affirmed that judgment. Ind.App., 78 N.E.2d 553. The Supreme Court, on appellant's petition, transferred the case and reversed the judgment of the Noble Circuit Court. Egbert v. Egbert, 1948, 226 Ind. 346, 80 N.E.2d 104. Subsequently the case was retried in the Huntington Circuit Court. On substantially the same evidence that court again found in favor of appellees. On this appeal substantially the same questions are presented as were before this court on the original appeal.

Right or wrong, under a long line of decisions of both this court and the Supreme Court, the decision of the Supreme Court cited above establishes the law of this case. Riesbeck Drug Co. v. Wray, Administratrix, 1942, 111 Ind.App. 467, 39 N.E.2d 776 (transfer denied); Daugherty v. Daugherty, 1949, Ind.App., 83 N.E.2d 485.

Therefore, the judgment must be reversed, with instructions to sustain appellant's motion for a new trial.