Lancaster v. Fisher

This cause was tried by the Circuit Judge without the aid of a jury. It is unnecessary to state the facts, as the record presents but one question of any interest, and that is one of correct *223practice in the Court below. There was no motion for a new trial made in that Court, and the defendant in error (the plaintiff below) now insists that, in any event, the action of the trial Judge would be conclusive, from the failure of the plaintiff in error to make this motion in the Circuit Court and to have it there acted upon. In other words, the position assumed is, that this Court, on appeal,…