Smith v. First Nat. Bank of Hartford City
| Citation | 104 Ind.App. 299,11 N.E.2d 58 |
| Decision Date | 22 November 1937 |
| Docket Number | No. 15481.,15481. |
| Parties | SMITH v. FIRST NAT. BANK OF HARTFORD CITY. |
| Court | Court of Appeals of Indiana |
OPINION TEXT STARTS HERE
Appeal from Grant Circuit Court; Oliver D. Clawson, Judge.
In the matter of the estate of Patrick B. Smith, deceased. From a judgment for the First National Bank of Hartford City, Indiana, executor of the estate, on its partial and final reports, and against Andrew Smith on his exceptions thereto, the exceptor appeals.
Appeal dismissed.Edmund D. Doyle, of Cincinnati, Ohio, for appellant.
Burns & Burns, of Hartford City, for appellee.
Patrick B. Smith died testate on August 15, 1931, and the First National Bank of Hartford City, Indiana, who was named as executor in decedent's will, qualified as such on August 19, 1931, and so acted until its resignation September 9, 1933.
On August 31, 1931, a suit was filed in the Blackford circuit court to contest decedent's will, and on change of venue the cause was sent to the Grant circuit court, where the said will was declared invalid on the ground that the testator was a person of unsound mind.
Thereafter the executor, the appellee here, filed a partial report in the decedent's estate and on September 9, 1933, filed a final report and resigned as executor. To the partial and final reports Andrew Smith, an heir of decedent, filed amended and supplemental exceptions. Upon the issues joined by these reports and exceptions thereto, the cause was submitted to the court, who found for the executor on both its partial and final reports and against said exceptor on each and all of his exceptions and judgment was entered accordingly on June 21, 1934.
Exceptor then filed his motion for new trial within the time fixed by statute and on November 15, 1934, by leave of court, filed an amended motion for new trial which amended motion assigned as the grounds therefor not only that the finding of the court was not sustained by sufficient evidence and that it was contrary to law, which grounds were contained in the original motion, but also the ground of newly discovered evidence. Exceptor's amended motion for new trial was overruled and this appeal was attempted.
[1] There is no provision in our statutes for the filing of an amended or supplemental motion for new trial after the time for the filing of a motion for new trial has expired (Acts 1881, Sp.Sess. c. 38, p. 240, §§ 420-424, as amended Acts 1909, c. 165, § 1, p. 400, Acts 1911, c. 239, § 1, p. 604,...
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Berning v. Scheuman, 16689.
...Sec. 2-2403; H. W. Johns-Manville Co. v. South Shore Mfg. Co., 1919, 70 Ind.App. 484, 123 N.E. 648;Smith v. First Nat. Bank of Hartford City, Executor, 1937, 104 Ind.App. 299, 11 N.E. 2d 58;Income Guaranty Co. v. Zielinski, 1939, 107 Ind.App. 248, 21 N.E.2d 87. The appellants having pointed......
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Berning v. Scheuman
...Co. v. South Shore Mfg. Co., 1919, 70 Ind.App. 484, 123 N.E. 648; Smith v. First Nat. Bank of Hartford City, Executor, 1937, 104 Ind.App. 299, 11 N.E. 2d 58; Income Guaranty Co. v. Zielinski, 1939, 107 Ind.App. 248, 21 N.E.2d 87. The appellants having pointed out no reversible error, the ju......
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Matthew v. Gavit
...motions for a new trial must be filed within the time affixed by statute.' (Citing authorities); and Smith v. First Nat'l. Bank of Hartford City (1937), 104 Ind.App. 299, 11 N.E.2d 58. In the Smith case a motion for a new trial was timely filed. Later, more than thirty days after the decisi......
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Smith v. First Nat. Bank
...11 N.E.2d 58 104 Ind.App. 299 SMITH v. FIRST NAT. BANK OF HARTFORD CITY. No. 15481.Appellate Court of Indiana, in Banc.November 22, Edmund D. Doyle, of Cincinnati, Ohio, for appellant. Burns & Burns, of Hartford City, for appellee. KIME, Judge. Patrick B. Smith died testate on August 15, 19......