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2 Notre Dame L. Rep. 46 (1920-1921).


These findings of fact and conclusions of law were prepared and filed by the writer as Judge of the Starke Circuit Court of Indiana, in the case of Friebe vs. Elder etl al. A new trial as of right was immediately granted the plaintiff under the statute directing the trial court to grant a new trial without cause, upon the filing of the application and bond by the aggrieved party. A special judge tried the case anew and filed substantially the same findings and conclusions. From the second judgment the case was appealed to the Appellate Court of Indiana and affirmed. The case was then transferred to the Supreme Court of Indiana, where it was again affirmed. Friebe vs. Elder et. al (Ind. App.), 103 N. E. 429 Id., 181 Indiana 597-105 N. E. 151.



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