Continental Insurance v. Hurst

This action is based on a promissory note, payable in installments, given for premium on a policy of fire insurance. The judgment in the trial court was for the defendant, and the plaintiff company appealed to this court.

Plaintiff’s abstract of the record proper consists of the pleadings in the cause. It then abstracts the bill of exceptions stating the exceptions taken during the trial. This includes the motion for new trial and its being overruled and exceptions thereto. But the filing of a motion for new trial must be shown by the record proper. The statement of its filing and setting it…