State Ex Rel. McConnell v. First State Bank

In- this cause W. F. Brevard, J. F. Adams, • Mortie Bragg and B. M. Downing, defendants below, have appealed to this Court from a decree of the Chancellor granting a recovery in the sum of $2,660.72 and certain costs against them and in favor of D. D. Eobertson, Eeceiver of the First State Bank of Woodbury, Tennessee.

At the threshold of the investigation of this case we are presented with a motion on behalf of the appellee to dismiss the appeal because the case was heard on oral testimony and there was no motion for a new trial below.

The absence of a motion for a new trial, where such motion…