LEWIS v. BURKE

No. 1267A118.

143 Ind. App. 696 (1968)

242 N.E.2d 382

LEWIS v. BURKE, EXECUTOR.

Court of Appeals of Indiana.

Rehearing denied January 30, 1969.

Transfer denied June 4, 1969.


Attorney(s) appearing for the Case

Denmure & Denmure, of Aurora, and Robert S. Justice, of Logansport, for appellant.

Cooper, Cooper, Cooper & Cox, Chester Callis, of Vevay, and Frank E. Spencer, of Indianapolis, for appellee.


COOPER, J.

This is an appeal from the Switzerland Circuit Court wherein the trial court sustained the motion for a new trial filed by the appellee herein. The appellant brings this appeal by virtue of Section 2-3201 (b), Burns' Indiana Statutes, Anno., and the assigned error on appeal is that the trial court erred in granting the appellee's motion for a new trial.

The general rule of law is well settled that on appeal all reasonable presumptions are indulged...

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