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McSheely v. Bentley

McSheely v. Bentley, 31 Ind. 235 (1869)
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Court
Indiana Supreme Court · State Highest Courts
Decided
May 15, 1869
Judges
Ray
Citations
31 Ind. 235
Headnotes
New Trial.—As of Eight.—There is no error in overruling a motion for a new trial as of right in an action of ejectment, where no proof is presented to the court that the costs have been paid.
Summary
APPEAL from the Lake Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Ray

Text extracted by OCR from a scanned original; check the original for exact wording.

Ray, J.

This was an action of ejectment by the appellee against the appellant. Trial, and finding and judgment for the plaintiff below. A motion for a new trial was presented as follows:

“ Comes now the defendant, and shows to the court that he has paid all the costs herein, and now moves that the court vacate the judgment herein and grant a new trial of this cause, as a matter of right.”

There were also reasons assigned for a new trial, but they are not presented in'this court.

The motion was overruled. We cannot say that there was error. The recital in the motion, that the costs were paid, is no evidence of the fact. Proof of their payment presented to the court below, we must presume, would have secured all the relief to which the defendant was entitled.

Judgment affirmed, with costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1870–1871: 21872–1873: 21880–1881: 118702026peak 1870 · 2

Relies on it most ⓘ

  1. Indianapolis Piano Manufacturing Co. v. First National Bank33 Ind. 302 (1870)
  2. Emmons v. Newman38 Ind. 372 (1871)
  3. Blizzard v. Blizzard40 Ind. 344 (1872)
  4. Skillen v. Skillen41 Ind. 122 (1872)
  5. Claflin v. Cottman77 Ind. 58 (1881)

Most recent

  1. Claflin v. Cottman77 Ind. 58 (1881)
  2. Blizzard v. Blizzard40 Ind. 344 (1872)
  3. Skillen v. Skillen41 Ind. 122 (1872)
  4. Emmons v. Newman38 Ind. 372 (1871)
  5. Indianapolis Piano Manufacturing Co. v. First National Bank33 Ind. 302 (1870)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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