Johnson v. Ballard

The only errors assigned and not waived are: (1) “The court erred in overruling appellants’ motion for a new trial as of right. (2) The court erred in overruling appellants’ motion for a new trial.”

The record shows that appellants moved the court for a new trial as of right and filed their undertaking as required by section 1076, Burns’ E. S. 1894 (1064, E. g. 1881), which was approved. Before the court ruled upon said motion appellants filed their motion for a new trial, assigning numerous causes therefor, which motion the court overruled. It is not shown by the record, however, that the…