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Davy v. Brown

Davy v. Brown, Receiver

Davy v. Brown, 78 N.E. 335 (Ind. Ct. App. 1906)
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Court
Indiana Court of Appeals · State Appellate Courts
Decided
June 26, 1906
Docket
No. 5,776
Judges
Black
Citations
78 N.E. 33538 Ind. App. 4131906 Ind. App. LEXIS 213
Disposition
Affirmed.
Headnotes
Appeal and Error. — Joint Assignment. — Several Exceptions.— Where appellants jointly assign as error the overruling of appellants’ motion for a new trial, a part only joining in such motion, and those joining taking a several exception thereto, no question is presented on appeal. From St. Joseph Circuit Court; Walter A. Funk, Judge.
Summary
Final report of John M. Brown, as receiver of the Havercamp-Whitney Paper Company, to which James Davy and others except. From a judgment confirming such report, the exceptors appeal.

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

Opinion of the Court — Black

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Black, J.

The “errors relied upon for a reversal” in the brief of the appellants all pertain to what is designated in the brief as the twenty-sixth assignment of error, which *414 is that “the court erred iu overruling the motion of the appellants for a new trial.”

This assignment is made by a large number of persons and corporations jointly, as appellants. The motion for a new trial was made by a portion only of the appellants, and it appears from the record that those who made the motion excepted “separately” to the action of the court thereon. Not only did those appellants affected by the ruling not except to it jointly, but also some of the appellants jointly assigning the ruling as error did not take any exception thereto.

Judgment affirmed.

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