Stevens v. Wright Contracting Co.

Felton, C. J., and Townsend, J.,

concurring specially. We concur in the ruling in the first division of the opinion as written.

By cross-bill of exceptions the defendant assigns error on the judgment of the trial court in denying its motion to dismiss the *386motion for a new trial, based on the ground that no brief of evidence, transcript, or stenographic report of the evidence properly approved had been submitted, as a result of which the motion for a new trial was fatally defective. The certificate of the trial court to the bill of exceptions contains the following: “I further certify that the…