Grider v. Scharf, 17504.
Citation | 71 N.E.2d 245,117 Ind.App. 704 |
Decision Date | 14 February 1947 |
Docket Number | No. 17504.,17504. |
Parties | GRIDER et al. v. SCHARF. |
Court | Court of Appeals of Indiana |
OPINION TEXT STARTS HERE
Appeal from Newton Circuit Court; Newall A. Lamb, Judge.
Action between Frank Grider and others and Helen Barr Scharf. From an adverse judgment, Frank Grider and others appeal.
Appeal transferred to Supreme Court pursuant to Burns' Ann.St. § 4-215.Albert H. Gavit, of Gary, George F. Sammons, of Kentland, and Richard S. Kaplan, of Gary, for appellants.
Jay E. Darlington, of Hammond, for appellee.
The substantial questions in this case arise under appellants' motion for a new trial. However, prior to filing their motion for a new trial appellants filed a motion in arrest of judgment. Under the present ruling precedent in this state such action precludes appellants from filing a motion for a new trial, Conant et al. v. First National Bank of Peru, 1917, 186 Ind. 569, 117 N.E. 607;Kelley et al. v. Bell, 1909, 172 Ind. 590, 88 N.E. 58;Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. Case, 1889, 122 Ind. 310, 23 N.E. 797, and the trial court's adverse ruling on such a motion could not be error.
However, this court is of the opinion that such prevailing precedent is erroneous and should be overruled. We are in agreement with the following statement from Watson's Revision of Works Practice and Forms, Vol. II, § 1907:
This appeal is therefore hereby ordered transferred to the Supreme Court pursuant to Sec. 4-215, Burns' 1933, 1946 Replacement, Subdivision 1.
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Grider v. Scharf
...71 N.E.2d 245 117 Ind.App. 704 GRIDER et al. v. SCHARF. No. 17504.Appellate Court of Indiana, in Banc.February 14, Appeal from Newton Circuit Court; Newall A. Lamb, Judge. Albert H. Gavit, of Gary, George F. Sammons, of Kentland, and Richard S. Kaplan, of Gary, for appellants. Jay E. Darlin......