Opinion
No. 19,387.
Filed December 11, 1959. Rehearing denied January 22, 1960. Transfer denied December 5, 1960.
APPEAL — Assignment of Errors — Agreed Case — General Finding — Decision Contrary to Law — Error in Conclusions of Law. — On appeal from an agreed case, where only a general finding was entered by the trial court, the proper assignment of error on appeal is that the court's decision was contrary to law, not that the court erred in its conclusion of law.
From the Steuben Circuit Court, Harris W. Hubbard, Judge.
James C. Miller and Mildred M. Miller, appellees, brought action to quiet title against appellants, Paul E. Schadle and Clara J. Schadle. The Appellate Court dismissed the appeal taken from the judgment below and appellants petition to transfer.
Reporter's Note. — Appellate Court opinion reported in 162 N.E.2d 702.
Transfer denied.
Donald L. Trennepohl, John R. Berger and Trennepohl, Berger Shoup, of Angola, for appellants.
Gerald Deller, of Angola, for appellees.
ON PETITION TO TRANSFER
While we concur with the result reached by the Appellate Court, opinion in 162 N.E.2d 702, we do not desire by our denial of transfer to be construed as approving the statement in the opinion that the proper assignment of error would have been that the court erred in its conclusion of law. Here it appears the trial court did not state conclusions of law, but entered only a general finding upon which judgment was rendered. The proper assignment of error here, where only a general finding was entered below, is that the court's decision was contrary to law. F.W. H. Ind. Tr. App. Pract., § 2396, pp. 164, 165.
Transfer denied.
NOTE. — Reported in 170 N.E.2d 662.