Indiana Court of Appeals, 1928

Atlas Securities Co. v. Derringer

Atlas Securities Co. v. Derringer
Indiana Court of Appeals · Decided January 6, 1928 · Dausman
159 N.E. 927; 86 Ind. App. 751; 1928 Ind. App. LEXIS 13 (North Eastern Reporter)

Atlas Securities Co. v. Derringer

Opinion of the Court

Dausman, J.

— This action was instituted by the Atlas Securities Company against J. C. Derringer and Harvey Froderman *752 to replevin an automobile. The cause was dismissed as to Derringer. Defendant Froderman having filed an answer, the parties agreed on the evidential facts and a written statement thereof was filed. By agreement the cause was submitted to the court, without a jury, on the facts thus presented. The court found for the defendant. A motion for a new trial was overruled and that action of the court is the only error assigned.

Two reasons for a new trial are properly assigned, viz.: (a) That the decision is not sustained by sufficient evidence; and (b) that the decision is contrary to law. We have carefully considered the case in all its aspects and we find no reversible error.

Judgment affirmed.

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