Barber Asphalt Paving Co. v. City of Topeka

Upon the authority of Dudley v. Barney (4 Kan. App. 122), and Hover v. Tenney (27 Kan. 133), the motion to dismiss must be sustained unless the record discloses some error of which the plaintiff may avail itself without a motion for a new trial; because it does not appear from the record that the motion for a new trial was filed at the term of court wherein the judgment was rendered.

The assignments of error are as follows : First. The court erred in overruling plaintiff’s demurrer to the fourth defense set up by the defendant in its answer. Second. The court erred in admitting evidence, etc.…