Spanier v. Spanier

— Appellant brought this action against appellee for partition, alleging that the parties are tenants in common of certain real estate. From an adverse judgment appellant prosecutes this appeal, claiming error by the court in overruling his motion for a new trial.

At the outset we are met by appellee’s contention that no question is presented because the grounds of the motion are such as may only be presented by independent assignments of error. However this may have been formerly, appellee’s contention is without merit by reason of Rule 2-6. This rule now provides: “If, in the trial court, a…