Eble v. Miles
Eble v. Miles
Opinion of the Court
Appellants filed exceptions to the final report of appellee. After a hearing the court found that the matters and facts as stated in the administrator’s report were true, that the same should be approved, and the administrator discharged.
The court found against appellants “that the matters and things averred and set out in their exceptions here
The issues raised by the administrator’s report and appellants’ exceptions were issues of fact, to be tried and determined by the same rules as govern in ordinary civil actions arising out of claims filed against estates. Wysong, Exr., v. Nealis (1895), 13 Ind. App. 165, 41 N. E. 388.
Where issues of fact are raised by filing exceptions to an administrator’s final report, no question can be presented on appeal relating to the sufficiency of the evidence to support the decision of the court, in the absence of a motion for a new trial.
Under the record as it comes to us we must presume there was evidence to support the finding of the court. Spray v. Bertram (1905), 165 Ind. 13, 74 N. E. 502; Union Bldg., etc., Assn. v. Block (1922), 78 Ind. App. 563, 135 N. E. 351; Taylor v. McGrew (1902), 29 Ind. App. 324, 64 N. E. 651; Swift, Admr. v. Harley (1898), 20 Ind. App. 614, 49 N. E. 1069.
No question being presented for our determination, the judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.