Advance-Rumely Thresher Co. v. Wirth

OPINION OF COURT

The following is taken verbatim from the opinion.

Under our code of civil procedure, a motion for a new trial is not required to be filed under the circumstances disclosed in this case.

“2. No motion for a new trial is necessary to authorize a reviewing court to review the judgment of the trial court upon a motion to dissolve an attachment, although the weight of evidence is involved.” Stone, Assignee v. Bank, 8 C.C. 636.

_ The same conclusion was announced by a circuit court of another district, the opinion being found in 2 C.C. (N.S.) 554.

We are, therefore, unanimously, of- the…