necessity of making it part of the record by -American Tin Plate Co. v. Williams (Ind. bill of exceptions.-Midland Ry. Co. v. Trissal App.) 304. (Ind. App.) 543. Taking the original manuscript of the evidence from the bill of exceptions and putting it into the transcript held not to bring the evidence into the_record.-South Chicago City Ry. Co. v. Zerler (Ind. App.) 599. § 9. Scope and contents of record. The opinion of the appellate court is no part of the record on appeal to the supreme court, and it can look only to the final judgment to determine the findings of fact.-Aachen & Munich Fire Ins. Co. v. Crawford (Ill.) 134. A bill of exceptions, not signed before filing, cannot be considered. - Hershberger v. Kerr (Ind. Sup.) 4. A bill of exceptions, not filed within the time allowed after the term, cannot be considered.Hershberger v. Kerr (Ind. Sup.) 4. Where a bill of exceptions could not be regarded as a part of the record, because not filed at the term at which the motion for a new trial was overruled, or within the time then granted to file the same, the sufficiency of evidence cannot be reviewed.-City of Elwood v. Laughlin (Ind. App.) 18. § 10. Making, form, and requisites of transcript or return. Where the bill of exceptions fails to show certain motions, or the rulings thereon, they were not made a part of the record, so as to be reviewable on appeal, by being included in the transcript by the clerk.-Deiterman v. Ruppel (Ill.) 707. Laws 1887, p. 182, held not to authorize parties to incorporate in the transcript of the record on appeal, by stipulation, the original master's report, containing the evidence taken before the master and original exhibits offered in evidence.-Beth Hammidrash Hagodol Ub'Nay Jacob Congregation v. Oakwoods Cemetery Ass'n (Ill.) 1078. Under Burns' Rev. St. 1901, § 661, a clerk has no authority to certify the original bill of exceptions, where the præcipe directed him to certify a "transcript."-Drew v. Town of Geneva (Ind. Sup.) 9. Bill of exceptions following clerk's certificate to transcript held not subject to consideration. -Butt v. Lake Shore & M. S. Ry. Co. (Ind. Sup.) 529. Where there is no index attached to the transcript, as required by rule 3 of the supreme and appellate courts (27 N. E. iv), the appeal will be dismissed.-Peterson v. Union Trust Co. (Ind. Sup.) 1025. Under Burns' Rev. St. 1901, § 662, where an appeal is taken from an interlocutory order, the order must be shown by an entry of record transcribed and certified by the clerk.-Mikesell v. South Bend Electric Co. (Ind. App.) 11. § 11. Questions presented for view. Te A bill of exceptions to review on the evidence, as reserved question, the constitutionality of the statute, held insufficient, for failure to show that it contained all the evidence, or sufficient thereof to enable a court to apprehend the particular question involved.-Standish V. Bridgewater (Ind. Sup.) 189. Overruling a motion to strike out parts of a complaint cannot be reviewed, where the motion and ruling are not made a part of the record by bill of exceptions or order of court. Chicago & S. E. Ry. Co. v. Woodard (Ind. Sup.) 577. A special bill of exceptions seeking to review admission of certain evidence, held insufficient. Where the evidence is not in the record, grounds for a new trial depending on the evidence cannot be reviewed.-American Tin Plate Co. v. Williams (Ind. App.) 304. The question whether the verdict is contrary to law and the evidence cannot be considered, where the record does not affirmativeof Greenfield v. Johnson (Ind. App.) 542. ly show that it contains all the evidence.-City Although a bill of exceptions states that it contains all the evidence, if it shows on its face that it does not, the court will not considGreenfield v. Johnson (Ind. App.) 542. er any question as to the evidence.-City of Action of the court in re-reading to the jury up by bill of exceptions, cannot be reviewed.a portion of the instructions, not being brought South Chicago City Ry. Co. v. Zerler (Ind. App.) 599. That a ruling requiring a question to show certain facts may be reviewed, it should be shown what was expected to be proved, or that the ruling was harmful. - O'Malley v. Commonwealth (Mass.) 30. The exclusion of evidence will not be reviewed on appeal, where the bill of exceptions does not show what the answers to the questions excluded would have been.-P. P. Emory Mfg. Co. v. Rood (Mass.) 58. The findings of fact in a master's report cannot be revised without the evidence.-Henderson v. Foster (Mass.) 810. Where the record on its face does not disclose any error, held essential to the review of a cause tried without a jury that an exception to the findings and judgment of the court be preserved in the bill of exceptions.-People v. Chicago & N. W. Ry. Co. (II.) 675. Where the record of a certain trial in evidence below was not before the court on appeal, defendant's objection that the record showed no reason for a default judgment therein must be overruled.-Spiers Fish Co. v. Robbins (Mass.) 25; Woodruff v. Same, Id. § 13. Assignment of errors. A general statement by appellant that refused instructions embodied principles of law applicable to the case and not covered by other instructions given was insufficient.-Illinois Cent. R. Co. v. Jernigan (Ill.) 88. Assignments of error held sufficient to authorize the appellate court to review certain findings of fact.-Coverdale v. Royal Arcanum (Ill.) 345. certain instruction was not assigned as error Where the refusal of the trial court to give a in either the appellate or supreme court, the argument in appellant's brief that such ruling was error cannot be considered.-D. Sinclair Co. v. Waddill (Ill.) 437. It is not error for the appellate court to refuse leave to assign additional errors seven days after the court has rendered judgment in the cause.-Off v. Finkelstein (Ill.) 439. Mere statement of reasons for a new trial are not proper as independent assignments of error on appeal.-Standish v. Bridgewater (Ind. Sup.) 189. An assignment of error that Acts 1899, p. 193 (Burns' Rev. St. 1901, § 7059), requiring weekly payments to employés in lawful money of the United States, is unconstitutional, is improper, and presents no question for review.-Standish v. Bridgewater (Ind. Sup.) 189. An assignment that the court erred in overruling appellant's motion for a new trial is sufficient in form. (Ind. Sup.) 189. Standish v. Bridgewater will be found in his favor.-Hoffman House v. Assignment of error to overruling demurrers to paragraphs in complaint held insufficient to present more than question of complaint's sufficiency as a whole.-Chicago & S. E. Ry. Co. v. Woodard (Ind. Sup.) 577. Where a complaint was in two paragraphs, and defendant demurred to each separately, both demurrers being sustained, and on appeal the only assignment was that "the court erred in sustaining the demurrer," there must be an affirmance, unless both demurrers were improperly sustained.-Hague v. First Nat. Bank (Ind. Sup.) 907. A joint assignment of error, not good as to some joining in it, held not available.-Bush v. McBride (Ind. Sup.) 1026. An assignment of error as to several instructions is of no avail if any are correct.-City of Greenfield v. Johnson (Ind. App.) 542. To a single ruling sustaining separate demurrers to separate paragraphs a single exception is sufficient, but separate assignments of error are proper. Farmers' Mut. Fire Ins. Co. v. Yetter (Ind. App.) 762. Assignment of error to striking out of plaintiff's amended petition held to so insufficiently specify the pleading as not to present a question for review. -Guthrie v. Howland (Ind. App.) 1040. Where there was only one defendant sued, a recital that "defendants" excepted held a clerical error, and insufficient to support au objection that the exception was joint.-Ohio Farmers' Ins. Co. v. Vogel (Ind. App.) 1056. §14. Briefs. Under 3 Starr & C. Ann. St. c. 110, p. 3136, $ 89, and supreme court rule 15 (47 N. E. vii), appellate court briefs, refiled in supreme court, held not open to consideration.-Daum v. Cooper (Ill.) 1071. Where an appeal was properly taken, and transcript and brief filed, and 200 days elapsed without any brief being filed by appellee, the errors alleged will be treated as confessed, and the cause reversed, without prejudice.-People's Nat. Bank v. State (Ind. Sup.) 6. Appellant's recital of portions of record in its brief held conclusive on supreme court under rules 22 and 23, in absence of brief by appellee. -McElwaine-Richards Co. v. Wall (Ind. Sup.) 753. § 15. Dismissal, withdrawal, or abandonment. An affidavit cannot be received in an appellate court as to the amount in controversy, for the purpose of determining appellate jurisdiction.-Smith v. American Crystal Monument Co. (Ind. Sup.) 524. Under Rev. Laws, c. 173, § 109, an appeal taken from a judgment and award of execution notwithstanding exceptions, and which presents no other question than the exceptions, will be dismissed.-Williams v. Clarke (Mass.) 419. § 16. Hearing and rehearing. Supreme court held to have no power to extend the time for filing a petition for a rehearing beyond that fixed by Burns' Rev. St. 1901, § 674. -Dudgeon v. Bronson (Ind. Sup.) 752. § 17. Review-Scope and extent in general. Under Burns' Rev. St. 1901, §§ 249. 412, a trial in equity held to be before the court, so that its ruling on items in the master's report is but a special finding, which, when made without request, is a general finding.-Terre Haute & I. R. Co. v. State (Ind. Sup.) 401. On appeal from nonsuit entered at close of plaintiff's opening address, every material fact § 18. Parties entitled to allege error. An appellant will not be heard in respect to the assignments of error in which he has no concern.-French V. Commercial Nat. Bank (III.) 252. Drainage commissioners having requested a charge that their proceedings were prima facie evidence of jurisdictional facts could not on appeal object that they were not regarded as conclusive evidence.-Bishop v. People (il 421. Defendant held precluded from objecting to defect in plaintiff's instruction by similar defect in its own.-Springfield Consol. Ry. Co. v. Pun tenney (Ill.) 442. Parties to a condemnation proceeding held estopped to deny petitioner's power to acquire the property by condemnation.-Sexton v. Union Stockyard & Transit Co. (Ill.) 638. Where the court uses a certain form of expression in an instruction at the request of a party, he is estopped to object to the same expression being used in other instructions.-Slack v. Harris (Ill.) 669. Where a party had requested and obtained an erroneous instruction, he cannot complain of another instruction embodying the same error. -Sibley Warehouse & Storage Co. v. Durand & Kasper Co. (Ill.) 676. A defendant held precluded from objecting to any error in the giving of an instruction at the request of plaintiff by instructions containing the same error given at its request.-West Chicago St. R. Co. v. Buckley (Ill.) 708. Right to have motion for directed verdict considered held waived by introducing evidenceCity of Greenfield v. Johnson (Ind. App.) 542. Defendant, having had evidence of price at time of demand excluded on the ground that the contract called for price at time of contract, may not contend to the contrary on appeal.-Hagey v. Schroeder (Ind. App.) 598. Evidence introduced by plaintiffs, and the theory of the trial, held to be inconsistent with the theory that negligence should be imputed to a street railway company by the mere fact of the derailment of its car.-Galligan v. Old Colony St. Ry. Co. (Mass.) 48. $ 19. Presumptions. Where, on appeal from a judgment enjoining opening of a highway, under Burns' Rev. St. court might have found that the statute was 1901, § 4408, there is evidence from which the not complied with, it is to be presumed that the court so found.-Town of Montgomery v. Baltimore & O. S. W. R. Co. (Ind. App.) 217. instructions given, the refusal of instructions Questions of fact, verdicts, and findings. A decree will not be reversed for error in findings of fact, unless such error is clear and palpable.-Vinson v. Scott (Ill.) 76. Findings in a chancery case will not be reversed, unless there is a palpable error.--Arnold v. Northwestern Tel. Co. (Ill.) 224. On appeal, the supreme court will not determine the weight of evidence, but whether there was evidence to support the verdict.-Chicago Terminal Transfer Co. v. Kotoski (Ill.) 350. In chancery, where the evidence is conflicting, the error in finding as to fact should be clear and palpable to authorize a reversalGarden City Sand Co. v. Gettins (Ill.) 664. Where there is nothing in the record to induce An improper instruction as to the effect of in- The court on appeal will not reweigh con- The fact that the supreme court has not ob- Verdict directed in mandamus, and affirmed § 21. Harmless error. On appeal from a chancellor's finding of fact, Where the jury could have rendered no other An instruction requiring too much of com- An erroneous instruction held harmless, as In an action against a warehouseman for A chancery decree will not be reversed for er- On a will contest, an instruction that testa- Rulings on a demurrer in appellant's favor Conduct of trial court in recalling jury, Where, under the facts disclosed in a record, In an action by the state against a railroad Denial of a motion to strike out parts of a Error in sustaining a demurrer to a cross- Error in overruling a demurrer to an answer In an action for goods sold and delivered, the Where, in an action for goods sold, a witness Where, in an action for injuries from driving Error of the court in sustaining objections to Action of a court in modifying an instruction Error in allowing witnesses to testify from In an action against a street railroad for per- ject, there was no harmful error in such ruling. Where, in an action against a city, the lot Refusal to strike conclusions of law from the The giving and refusing of instructions held 552. In action under Burns' Rev. St. 1901. § 7083 Where a demurrer to the first paragraph of did not affirmatively appear on which para- In an action for the contract price of a pas- A failure to discuss errors relied on held a An objection to evidence held waived on appeal, An exception to the admission of evidence, Exceptions not argued before the supreme § 23. - Decisions of intermediate courts. Where defendant submitted no propositions of Where the appellate court reverses a judg- The appellate court's finding of fact is con- Findings of fact held to have been concerning Findings by the appellate court on a mixed Whether a verdict is excessive is a question held entitled to review of prejudicial rulings be Judgment of modification by appellate divi- Conclusions of law, found in support of de Appeal to court of appeals dismissed when Decision on facts on first appeal held con- § 25. Determination and disposition of cause. Where the appellate court reversed a decree Action of appellate court in rendering judg- Where a case is appealed to the supreme Instruction, though binding on jury, held not APPLIANCES. Liability of employer for defects, see "Master APPOINTMENT. Of executor or administrator, see "Executors ARBITRATION AND AWARD. See "Reference." ARCHITECTS. Certificates as to performance of building con- ARGUMENT OF COUNSEL. In an action on a life insurance policy, a find- is binding on the supreme court.-Etna Life In criminal prosecutions, see "Criminal Law," § 5. ARREST OF JUDGMENT. In civil actions, see "Judgment," § 1. ASSAULT AND BATTERY. 1. Civil liability. Under the evidence in an action for personal ASSESSMENT. tained release of the corporation from their ASSISTANCE, WRIT OF. In a suit to set aside a power of attorney and ASSOCIATIONS. See "Building and Loan Associations." Actions of an organization in amending its of its rules, requiring a year's notice and a Of compensation for property taken for public constitution held in compliance with article 30 Of loss on insured, see "Insurance," § 12. ASSETS. see 803. ASSUMPSIT, ACTION OF. See "Use and Occupation." Complaint in assumpsit on undertaker's bill Of estate of decedent, see "Executors and Ad- pay.-Cox v. Peltier (Ind. Sup.) 6. Statutes relating to assignments of miners' Transfers of particular species of property, See "Judgment," § 7; "Mortgages," § 2. Corporate shares, see "Corporations," § 3. Under Voluntary Assignment Act, §§ 1, 11, 12, 15, trausferee of claim belonging to estate ASSIGNMENTS FOR BENEFIT OF § 1. Requisites and validity. § 2. Administration of assigned estate. ASSUMPTION. Of risk by employé, see "Master and Servant," ATTACHMENT. See "Execution." 1. Levy, lien, and custody and dis- Under Pub. St. c. 161, § 42, and chapter 199, ATTORNEY AND CLIENT. Argument and conduct of counsel at trial in 5. Argument and conduct of counsel at trial in 1. Compensation and lien of attor- ney. In an action to recover a retainer fee, at- A contract of complainant with its attorneys Contract with attorney as to percentage on an AUTHORITY. § 3. Rights and remedies of creditors. Bringing of petition to be admitted as plain- BAIL. 1. In criminal prosecutions. |