Loucks v. Austin

P otteb, Chief Justice.

This cause has been submitted upon a motion to dismiss the proceeding in error, the motion stating as grounds that there is no bill of exceptions in the case and that there was no motion for new trial filed or presented to the district court and no order overruling such motion, and that therefore there is nothing presented to this court by the petition or record herein.

The statement of the grounds is preceded by the assertion that the finding and decision attempted to be ap pealed from was the determination of an issue of fact. But we find upon examination of the record…