Reports of Cases Decided in the Supreme Court of the State of Indiana (Volume 161) baixar o livro de graça

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904. Excerpt: ... Citizens St. R. Co. v. Marvil. 113 Ind. 51, 52; Louisville, etc., R. Co. v. Smith, 01 Ind. 119; Louisville, etc., R. Co. v. Phillips, 112 Ind. 59, 61, 2 Am. St. 155. Nor is there any merit in the objection that the allegations of said amended complaint do not show that the negligence of the company was the proximate cause of the appellee's injury. Southern Ex. Co. v. Texarkana Wafer Co., supra. The court did not err in overruling said demurrer to the third amended complaint. It is next urged that the court erred in overriding the separate motion of each appellant for a new trial. The grounds assigned for a new trial in each of said motions depend for their determination upon the evidence admitted and excluded, and the instructions given and refused, which are not in the record. It appears from the record that this cause was tried and a verdict returned against appellants at the May term, 1900, of the court below. At the same term of court each of the appellants filed a motion for a new trial. Said cause was continued from said May term to the October term, and from the October term to the February term, 1901, when, on February 25, 1901, said motions were overruled. Xo time was then or on that day given by the court within which to file bills of exceptions. Several days afterwards, and before the adjournment of said February term, 1901, ninety days were given appellants within which to file a bill of exceptions. Two bills of exceptions were filed after the expiration of the said February term, but within the ninety days given. It is well settled that exceptions to the rulings of a court must be taken at the time the rulings are made, but time may be given by the court to the party taking the exceptions to prepare and file a bill of exceptions showing such ...