
    Bullerdick et al. v. Miller et al.
    [No. 12,588.
    Filed April 8, 1927.]
    
      Appeal. — After new trial is ordered for errors of trial court, action for new trial under the statute becomes of no importance. —Where an appeal is taken and the judgment reversed for errors in the trial, an independent action under §614 Burns 1926 to procure a new trial for newly-discovered evidence becomes of no importance, and an appeal therefrom will be dismissed.
    From Clay Circuit Court; Thomas W. Hutchison, Judge.
    Action by Margaret Miller Bullerdick and another against William Miller and others for a new trial for newly-discovered evidence. From a judgment for defendants, the plaintiffs appeal. Appeal dismissed. By the court in banc.
    
      
      Henry W. Moore, for appellants.
    
      Bernard C. Craig, for appellees.
   Nichols, J. —

This was an independent action, under §589 Burns 1914, §614 Bums 1926, to procure a new trial on the ground of newly-discovered evidence. The original action was appealed to this court on the merits, the error assigned being the action of the court in overruling appellant’s motion for a new trial for cause. See Bullerdick v. Miller (1926), 85 Ind. App. 369, 152 N. E. 280. The judgment on that appeal having been reversed with instructions to the trial court to grant a new trial, the question here involved becomes moot.

The appeal is therefore dismissed.  