Egbert v. Egbert, 18028
| Docket Nº | No. 18028 |
| Citation | 120 Ind.App. 670, 95 N.E.2d 637 |
| Case Date | December 21, 1950 |
| Court | Court of Appeals of Indiana |
Page 637
v.
EGBERT et al.
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[120 Ind.App. 671] the same questions are
Page 638
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.
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Todd v. State, No. 28697
...v. Fidelity Trust Co, Trustee, 1931, 202 Ind. 641, 652, 177 N.E. 454; Gerber v. Friday, 1882, 87 Ind. 366, 368, Egbert v. Egbert, 1950, 120 Ind.App. 670, 95 N.E.2d 637, and cases cited; Terre Haute, etc., R. Co. v. Zehner, Page 56 1902, 28 Ind.App. 229, 231, 62 N.E. 508; Daugherty v. Daughe......
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Slater v. Stoffel, Nos. 668
...as to [144 Ind.App. 678] whether such decision was right or wrong. 3 Wiltrout Ind.Civ.Proc. § 2791, p. 498; Egbert v. Egbert (1950), 120 Ind.App. 670, 95 N.E.2d 637. It therefore becomes necessary to ascertain just what was presented for decision and decided. Egbert v. Egbert (1956), 235 In......
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Egbert v. Egbert, No. 29337
...in Egbert v. Egbert, 1948, 226 Ind. 346, 80 N.E.2d 104. The second appeal was decided by the Appellate Court in Egbert v. Egbert, 1950, 120 Ind.App. 670, 95 N.E.2d 637. In 1946 William C. Egbert and Alice F. Egbert commenced an action in the DeKalb Circuit Court to quiet title to the real e......
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Central Finance Co. of Peru v. Garber, No. 18106
...in the Crissinger case, a chattel mortgagee might be held to be chargeable with negligence, was of course not decided in that case.' [95 N.E.2d 637.] I agreed with that statement then and I do I believe the judgment of the trial court should be affirmed. WILTROUT, C. J., concurs in this opi......
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Todd v. State, No. 28697
...v. Fidelity Trust Co, Trustee, 1931, 202 Ind. 641, 652, 177 N.E. 454; Gerber v. Friday, 1882, 87 Ind. 366, 368, Egbert v. Egbert, 1950, 120 Ind.App. 670, 95 N.E.2d 637, and cases cited; Terre Haute, etc., R. Co. v. Zehner, Page 56 1902, 28 Ind.App. 229, 231, 62 N.E. 508; Daugherty v. Daughe......
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Slater v. Stoffel, Nos. 668
...as to [144 Ind.App. 678] whether such decision was right or wrong. 3 Wiltrout Ind.Civ.Proc. § 2791, p. 498; Egbert v. Egbert (1950), 120 Ind.App. 670, 95 N.E.2d 637. It therefore becomes necessary to ascertain just what was presented for decision and decided. Egbert v. Egbert (1956), 235 In......
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Egbert v. Egbert, No. 29337
...in Egbert v. Egbert, 1948, 226 Ind. 346, 80 N.E.2d 104. The second appeal was decided by the Appellate Court in Egbert v. Egbert, 1950, 120 Ind.App. 670, 95 N.E.2d 637. In 1946 William C. Egbert and Alice F. Egbert commenced an action in the DeKalb Circuit Court to quiet title to the real e......
-
Central Finance Co. of Peru v. Garber, No. 18106
...in the Crissinger case, a chattel mortgagee might be held to be chargeable with negligence, was of course not decided in that case.' [95 N.E.2d 637.] I agreed with that statement then and I do I believe the judgment of the trial court should be affirmed. WILTROUT, C. J., concurs in this opi......