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Nichols, J. Appellee has failed to file any brief. 'It has been repeatedly held by this court and by the Supreme Court that a failure on the part of the appellee to file a brief may be treated as a confession of error, warranting reversal. Eigelsbach v. Kanne (1915), 184 Ind. 62, 110 N. E. 549; Huddleston v. Huddleston (1916), 184 Ind. 168, 110 N. E. 980; Veit v. Windhorst (1916), 184 Ind. 351, 110 N. E. 666. Having examined
*393 appellant’s brief, we are satisfied that in this case the rule should be invoked.Judgment reversed, with instruction to the trial court to grant a new trial.
Document Info
Docket Number: No. 10,434
Citation Numbers: 73 Ind. App. 392, 127 N.E. 564, 1920 Ind. App. LEXIS 132
Judges: Nichols
Filed Date: 6/2/1920
Precedential Status: Precedential
Modified Date: 11/9/2024