appellant assigns error in Indiana

1970Dooley v. Richard’s Standard Service (1969), 145 Ind. App. 470 , 251 N. E. 2d 449 .

1970Dooley v. Richard’s Standard Service (1969), 145 Ind. App. 470 , 251 N. E. 2d 449 .

1965State ex rel Board of Medical Registration and Examination v. Stucker (953), 232 Ind. 76 , Ill.

1958In Pittman-Rice Coal Co. v. Hansen (1947), 117 Ind. App. 508 , 72 N. E. 2d 364 , Judge Draper, speaking for this court, said: “The appellant assigns error in the overruling of its motion for judgment notwithstanding the verdict and in the overruling of its motion for new trial, which latter questions the sufficiency of the evidence and the legality of the verdict.

1958In Pittman-Rice Coal Co. v. Hansen (1947), 117 Ind. App. 508 , 72 N. E. 2d 364 , Judge Draper, speaking for this court, said: “The appellant assigns error in the overruling of its motion for judgment notwithstanding the verdict and in the overruling of its motion for new trial, which latter questions the sufficiency of the evidence and the legality of the verdict.

1932The appellant assigns as error that the court erred in overruling its motion for a new trial, assigning as reasons therefor: (1) That the decision of the court is not sustained by sufficient evidence; (2) that the decision of the court is contrary to law. *27 *26 The doctrine of accession is well stated in 2 Berry, Automobiles (6th ed.) 1929, §1806, as follows: “Where *27 the seller of an automobile under a contract of conditional sale retakes the automobile upon default of the buyer to keep the terms of the contract, he is entitled to any tires or other replacements which the purchaser placed

1932The appellant assigns as error that the court erred in overruling its motion for a new trial, assigning as reasons therefor: (1) That the decision of the court is not sustained by sufficient evidence; (2) that the decision of the court is contrary to law. *27 *26 The doctrine of accession is well stated in 2 Berry, Automobiles (6th ed.) 1929, §1806, as follows: “Where *27 the seller of an automobile under a contract of conditional sale retakes the automobile upon default of the buyer to keep the terms of the contract, he is entitled to any tires or other replacements which the purchaser placed

1932“Ordinary repairs on a personal chattel, such as new bolts, nuts, thills and the like, become accretions to, and merge in, the principal thing, and become the property of the general owner. “ ‘When property can be easily distinguished and separated, no change of property takes place, provided the separation can be made without injury to the thing attached.’ ” 3 Blashfield, Encyclopedia of Automobile Law, p. 2370, is to the same effect, calling attention to the fact that, where the article is bought on open account or. otherwise where the title passes immediately, accession takes place, citing

1891At the last term of the Supreme Court of this State, in the case of White v. Board, eta,, 129 Ind. 396 , the question involved in the present case, or raised by the demurrer to the complaint, was decided adversely to the view which is now urged by the appellee.

1883House v. McKinney, 54 Ind. 240 ; City of Greencastle v. Martin, 74 Ind. 449 (39 Am.

1883House v. McKinney, 54 Ind. 240 ; City of Greencastle v. Martin, 74 Ind. 449 (39 Am.

1878It is insisted on behalf of the State, that, as no objection was made to the sufficiency of the indictment, and as no exception was taken to any ruling of the court below, no question is presented for our consideration here; and the cases of Hornberger v. The State, 5 Ind. 300 , Hetzfield v. The State, 6 Ind. 23 , Wheeler v. The State, 8 Ind. 113 , and Stone v. The State, 42 Ind. 418 , are cited to sustain that position.

1878It is insisted on behalf of the State, that, as no objection was made to the sufficiency of the indictment, and as no exception was taken to any ruling of the court below, no question is presented for our consideration here; and the cases of Hornberger v. The State, 5 Ind. 300 , Hetzfield v. The State, 6 Ind. 23 , Wheeler v. The State, 8 Ind. 113 , and Stone v. The State, 42 Ind. 418 , are cited to sustain that position.

1878It is insisted on behalf of the State, that, as no objection was made to the sufficiency of the indictment, and as no exception was taken to any ruling of the court below, no question is presented for our consideration here; and the cases of Hornberger v. The State, 5 Ind. 300 , Hetzfield v. The State, 6 Ind. 23 , Wheeler v. The State, 8 Ind. 113 , and Stone v. The State, 42 Ind. 418 , are cited to sustain that position.

1878It is insisted on behalf of the State, that, as no objection was made to the sufficiency of the indictment, and as no exception was taken to any ruling of the court below, no question is presented for our consideration here; and the cases of Hornberger v. The State, 5 Ind. 300 , Hetzfield v. The State, 6 Ind. 23 , Wheeler v. The State, 8 Ind. 113 , and Stone v. The State, 42 Ind. 418 , are cited to sustain that position.