...evidence is admissible, and the court should have excluded it. This was error, and we think, also, that the court erred in overruling appellant's motion for a new trial. The plea of accord and satisfaction was sustained -by the clear weight and preponderance of the evidence,...

...judgment was rendered upon the finding. There is but one assignment of error made, and that is, the court erred in overruling appellant's motion for a new trial. The motion for a new trial assigned the following reasons : "1st. That the court erred in admitting in evidence the testimony...

...Appellant also contends that the court erred in rejecting the evidence of one JW Goodwin in support of appellant's motion for a new trial. The motion for a new trial was filed and served on defendants March 26, 1917. The affidavit was not served on respondents until...

...county court of Milam county, from which judgment this appeal is prosecuted. The only error assigned is that the court erred in overruling appellant's motion for a new trial, and in not setting aside the verdict and Judgment rendered and entered, changing the venue of...

...assignment of error alleging its insufficiency. Harris v. State, ex rel., 123 Ind. 272. It is next contended that the court erred in overruling appellant's motion for a new trial. The court assessed appellee's damages at $50, and it is insisted by appellant that there is no allegation...

...appeals to this court and assigns several errors, the only one of which we deem it necessury to notice is that the court erred in overruling appellant's motion for a new trial, because the verdict was not supported by the evidence. Under the issues the burden of proof...

...the part of Lydia A. Finch, but it could not be granted on motion of appellant, unless his pleadings or the evidence or finding of the jury showed him...court erred in overruling appellant's motion for a new Marsh v. Morris et al. trial. The motion for a new trial begins as follows : " Comes now the defendant,...

...has not been injured by this ruling. Knight, Administrator, v. Knight. The fifth error complained of is that the court erred in overruling appellant's motion for a new trial. Numerous causes are assigned why a new trial should have been granted. Before proceeding to...

...not argued the first and second errors assigned, they are waived. The third error assigned is "The court erred in overruling appellant's motion for a new trial." The motion embraces the following reasons for which a new trial was asked, viz: "First. That the evidence wholly...

...Marshall Petitt, for costs. From this judgmeilt she prosecutes her appeal. The only error assigned is that the court erred in overruling appellant's motion for a new trial. Four separate reasons are stated in the motion therefor. Of these appellees' counsel have discussed...