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SMITH ET UX. v. SPITZNOGLE ET UX.

No. 567A9.

142 Ind. App. 575 (1968)

236 N.E.2d 184

SMITH ET UX. v. SPITZNOGLE ET UX.

Court of Appeals of Indiana.

Filed April 30, 1968.

Attorney(s) appearing for the Case

Peter L. Obremskey, of Lebanon, and Parr, Richey, Obremskey & Pederson, of Lebanon, of counsel, for appellants.

Wendell B. Iddings, of Lebanon, for appellees.

No petition for rehearing filed.

PRIME, J.

This appeal is from the Boone Circuit Court. The error assigned is that the court erred in overruling appellants' motion for a new trial.

The appellees have previously filed a motion to dismiss this action which motion has been held in abeyance. We now proceed to dispose of this motion.

The grounds of the motion to dismiss are: (1) The motion for a new trial was filed more than thirty days after the...

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