Mansur v. Churchman

Indiana Supreme Court
Mansur v. Churchman, 84 Ind. 573 (Ind. 1882)
Woods

Mansur v. Churchman

070rehearing

On Petition for a Rehearing.

Woods, C. J.

A rehearing is asked for the purpose of per-

mitting a correction of the record so as to show that an exception was saved to the overruling of the motion for a new trial. That a rehearing will not be granted for this purpose has been frequently decided; see Warner v. Campbell, 39 Ind. 409; Cole v. Allen, 51 Ind. 122; State, ex rel., v. Terre Haute, etc., R. R. Co., 64 Ind. 297; Merrifield v. Weston, 68 Ind. 70.

This appeal is from a decree of foreclosure in a sum less than $50 found due upon an assessment for a street improvement, and no good reason is shown why the case should be made an exception to the rule.

Petition overruled.

Opinion of the Court

Woods, J.

The error assigned in the general term of the Superior Court was the overruling of the appellants’ motion for a new trial; but, as the record fails to show an exception to the ruling, no question is presented. Henley v. McNoun, 76 Ind. 380.

Judgment affirmed, with costs.

Reference

Cited By
4 cases
Status
Published