Hope State Bank v. Cleveland Securities Corp.

Full title: HOPE STATE BANK v. CLEVELAND SECURITIES CORPORATION

Court: Court of Appeals of Indiana

Date published: Jul 3, 1931

176 N.E. 861 (Ind. Ct. App. 1931)

176 N.E. 861

Opinion

No. 14,205.

Filed July 3, 1931.

1. APPEALS — Appellant's Brief — Containing no Recital of Evidence — Sufficiency of Evidence Not Presented. — Where appellant's brief contains no recital of any evidence, no question as to the sufficiency of the evidence to sustain the finding of the court or the verdict of the jury is presented for review. p. 684.

2. APPEALS — Appellant's Brief — Review of Instructions — All Instructions Given must be set out Therein. — Under clause 5 of Rule 22 (as amended January 1, 1924), where appellant's brief sets out only the instruction complained of and does not contain the other instructions given, no question as to the instructions is presented for review. p. 684.

3. APPEALS — Instructions — Appellant's Brief — Failure to Show Exceptions — Precludes Review. — Where appellant's brief does not disclose that exceptions were taken to the giving of any instructions, no question is presented as to the giving of any instruction. p. 684.

From Johnson Circuit Court; Fremont Miller, Judge.

Action between the Hope State Bank and the Cleveland Securities Corporation. From the judgment rendered, the former appealed. Affirmed. By the court in banc.

Ralph H. Spaugh, Walter W. Spaugh, Henry C. Barnett and Oral S. Barnett, for appellant.

Henry E. White and Rynerson, Bryer Shinn, for appellee.

LOCKYEAR, J.

The only error relied upon for a reversal in this case is that the court erred in overruling appellant's motion for a new trial.

The motion for a new trial alleges that the verdict of the jury is not sustained by sufficient evidence and is contrary to law, also that the court erred in giving to the jury certain instructions.

The brief of appellant does not contain a recital of any of the evidence, and only sets out the instructions complained of and does not contain any other instructions given by the 1-3. court, nor does the brief disclose whether any exceptions were taken to the giving of any instructions. Under the rules of the Supreme and Appellate Courts, there is nothing presented for our consideration.

Judgment affirmed.