Opinion
No. 19,438.
Filed May 6, 1960.
APPEAL — Confession of Errors — Reversal — New Trial. — Where appellee filed a confession of errors in which he states that the court erred in overruling a demurrer and motion for new trial the cause will be reversed and the trial court ordered to sustain appellant's motion for a new trial.
From the Marion Superior Court, Room 1, Richard M. Orr, Special Judge.
Appellants, Jack B. Kammins et al., appeal from a judgment reversing a decision of the Board of Zoning Appeals of the City of Indianapolis. Reversed. By the court in banc.
Stanley Talesnick, Ruckelshaus, O'Connor Ruckelshaus and John O'Connor, all of Indianapolis, for appellants.
Henry M. Coombs and John A. Carson, both of Indianapolis, for appellee.
This is an appeal from a judgment of the Superior Court of Marion County, Room No. 1, wherein it reversed a decision of the Board of Zoning Appeals of the City of Indianapolis.
Appellee has filed a confession of errors in which he states that the court erred in overruling appellants' motion for a new trial and in overruling the demurrer of certain appellants to appellee's petition for a writ of certiorari.
This cause is therefore reversed, and the trial court is ordered to sustain appellants' motion for new trial. Gross v. Sipusic (1935), 101 Ind. App. 700, 9 N.E.2d 365; Indianapolis Telephone Co. v. State (1919), 188 Ind. 724, 123 N.E. 401.
Myers, C.J., and Ryan, J., not participating.
NOTE. — Reported in 166 N.E.2d 654.