Federal Life Insurance Company v. Maxam
| Decision Date | 26 February 1918 |
| Docket Number | 9,327 |
| Citation | 118 N.E. 839,70 Ind.App. 266 |
| Parties | FEDERAL LIFE INSURANCE COMPANY v. MAXAM ET AL |
| Court | Indiana Appellate Court |
70 Ind.App. 266. At 289.
Original Opinion of November 22, 1917, Reported at: 70 Ind.App. 266.
Petition for rehearing overruled.
OPINIONON PETITION FOR REHEARING.
Appellant;s learned counsel insist that the court erred in the original opinion in failing to consider the tenth ground of its motion for a new trial, which alleges that certain enumerated special findings "are not nor are either of them sustained by sufficient evidence."
Such assignment of causes for a new trial is unauthorized by our statute and has been held insufficient. Scott v. Collier (1906), 166 Ind. 644, 647, 648, 78 N.E. 184; Sievers v. Peters Box, etc., Co. (1898), 151 Ind. 642, 656, 50 N.E. 877, 52 N.E. 399; Vandalia Coal Co. v. Price (1912), 178 Ind. 546, 559, 97 N.E. 429; Smith v. McDonald (1912), 49 Ind.App. 464, 465, 97 N.E. 556; Hamrick v. Hoover (1908), 41 Ind.App. 411, 415, 84 N.E. 28; Major v. Miller (1905), 165 Ind. 275, 278, 75 N.E. 159.
On re-examination of the briefs we find that all material questions duly presented were considered and decided. We are content with the decision, and the petition for a rehearing is overruled.
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