Carmack v. Erdenberger

Albert, C..

Tliis is an appeal from a judgment at law. The errors assigned are with respect to rulings made during the trial proper, and the sufficiency of the evidence to sustain the judgment. In short, only such errors are assigned as have been heretofore required to be brought to the attention of the trial court by motion for a new trial in order to obtain a revieAV in this court.

Two questions are presented which, in our opinion, are decisive of this case. The first is: Pías the amendment to our appellate procedure changed the rule with respect to a motion for a new trial in an action at…