[DOWNLOAD] "Kain v. State Indiana" by 103 Supreme Court of Indiana No. 29 * Book PDF Kindle ePub Free
eBook details
- Title: Kain v. State Indiana
- Author : 103 Supreme Court of Indiana No. 29
- Release Date : January 31, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Opinion on Rehearing The appellee's petition for rehearing alleges that our first opinion is in error in copying the amended
affidavit. In deciding an appeal we are entitled to set out the pleadings as they appear in the briefs, but we are not bound
to do so, and in this case the amended affidavit as set out in the original opinion is an exact copy of the amended affidavit
as it appears in the transcript at its proper place as duly certified by the clerk of the trial court. "It is a settled rule of appellate procedure in this state that on appeal the record is conclusive and imports absolute verity.
Burton v. Ferguson (1880), 69 Ind. 486; Smith v. Gustin (1907), 169 Ind. 42, 80 N.E. 959, 81 N.E. 722; Whisler v. Whisler
(1903), 162 Ind. 136, 67 N.E. 984, 70 N.E. 152; Bau v. Short et al. (1928), 89 Ind. App. 17, 165 N.E. 560." Bayman v. Farmers
Mutual Fire Ins. Assn. (1938), 213 Ind. 389, 391, 12 N.E.2d 945.