Sertel v. Graeter

• Decision Date: 18 October 1887
• Docket Number: 13,617
• Citation: Sertel v. Graeter, 112 Ind. 117, 13 N.E. 415 (Ind. 1887)
• Parties: Sertel v. Graeter
• Court: Indiana Supreme Court

13 N.E. 415

112 Ind. 117

Sertel v. Graeter

No. 13,617

Supreme Court of Indiana

October 18, 1887

From the Knox Circuit Court.

Judgment affirmed.

H. S Cauthorn and J. M. Boyle, for appellant.

J. S Pritchett, W. A. Cullop and G. W. Shaw, for appellee.

OPINION

Elliott, J.

One of the points relied on for a reversal of the judgment in this case is that the trial court erred in refusing to permit testimony offered by the appellant to be introduced.

It is answered by the appellee by the assertion that the motion for a new trial specifies, as the erroneous ruling of the court, the refusal to admit plans and specifications in evidence, while the bill of exceptions shows that the offer was of parol evidence to prove the contents of the plans and specifications.

The record sustains the appellee as to the fact, and the law is with him. The motion for a new trial must specifically indicate the evidence offered and excluded, and the bill of exceptions must show that the evidence offered was that indicated in the motion. Bruker v. Kelsey, 72 Ind. 51.

There is evidence sustaining the finding upon all material points,...