Bays v. Albuquerque Nat. Bank

OPINION OF THE COURT

PARKER, J.

A motion to dismiss the appeal is filed upon the alleged ground that no question was raised and preserved in the lower court. Judgment was rendered on March 13, 1928. ■ At that time there had been adopted and promulgated by this court, effective as of March 1, 1928, a set of rules, section 1 of rule XII whereof provided :

“1. None but jurisdictional questions shall be first raised in the Supreme Court. Formal exceptions shall not be required in any case; but to preserve the question for review, it must appear that a ruling or decision by the-trial court was fairly…