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eBook details

• Title: Spanier v. Spanier
• Author : In Banc No. 18084 Appellate Court of Indiana
• Release Date : January 01, 1951
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

MARTIN, Judge. Appellant brought this action against appellee for partition, alleging that the parties are tenants in common of certain real estate. From an adverse judgment appellant prosecutes this appeal, claiming error by the court in overruling his motion for a new trial. At the outset we are met by appellee's contention that no question is presented because the grounds of the motion are such as may only be presented by independent assignments of error. However this may have been formerly, appellee's contention is without merit by reason of Rule 2-6. This rule now provides: 'If, in the trial court, a motion for a new trial is filed, each error relied upon, however and whenever arising up to the time of the filing of said motion, may be separately specified therein as a ground therefor, and an assignment of error to the effect that the trial court erred in overruling said motion shall be sufficient to raise said asserted error on appeal.' Appellee defaulted. The cause was submitted and evidence heard. The court found that the parties were each entitled to an undivided one-half of the real estate. Commissioners were appointed, who reported that the premises cannot be divided without damage to the owners. The court then found the property to be indivisible and appointed a commissioner to sell the same at private sale.

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