(Download) "Mary Newcomb v. Cassidy" by Supreme Court Of Indiana ~ Book PDF Kindle ePub Free
eBook details
- Title: Mary Newcomb v. Cassidy
- Author : Supreme Court Of Indiana
- Release Date : January 03, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
During the pendency of this appeal the Appellee filed a Motion to Dismiss the appeal or in the alternative to affirm the judgment below. In this Motion the Appellee contends this appeal should be dismissed because no Motion for New Trial was filed by the Appellant in the court below. The Assignment of Errors was filed in a timely manner, the Summary Judgment being granted on September 7, 1967, and the Assignment of Errors being filed December 6, 1967. Immediately following the effective date of the Indiana Sumamry Judgment statute there was some question regarding the necessity of filing a Motion for a New Trial after Summry Judgment is granted. Effective April 22, 1968, the Supreme Court of Indiana amended Rule 2-6 to the effect "a motion for a new trial shall not be appropriate for raising error claimed by reason of the entering of a summary judgment. The sustaining of a motion for a summary judgment and the granting of the same may be assigned and specified separately in the assignment of errors for consideration on appeal." Obviously, the Appellant has done precisely what is contemplated in the above quoted rule. The only remaining question is whether a Motio for a New Trial was necessary under these circumstances before the effective date of the amendment of Rule 2-6. We hold that clearly a motion for new trial was not necessary to perfect the appeal in this case. In Personnett v. Great Atlantic and Pacific Tea Co., 142 Ind. App. 698, 237 N.E.2d 281 (1968), this court decided that an appeal was properly before this court under precisely these same circumstances. Therefore, the Appellees Motion to Dismiss Appeal or in the alternative to affirm judgment is hereby overruled.
 "Mary Newcomb v. Cassidy" by Supreme Court Of Indiana ~ Book PDF Kindle ePub Free){kind=link}
Post a Comment for "(Download) "Mary Newcomb v. Cassidy" by Supreme Court Of Indiana ~ Book PDF Kindle ePub Free"