City of Monticello v. Kimbro

The city of Monticello, by this appeal, seeks to reverse a judgment rendered against the city for $250 for damages to appellee’s property by reason of a change in grade of the street in front of the property. ■But the city is met at the threshold of this appeal by the appellee’s contention that the judgment of the circuit court must be affirmed because of the absence from the record of any order overruling the motion for new trial.

Even though technicalities are to be avoided in our liberal system of practice, still we reach the conclusion that the appellee’s contention must be sustained in…