Firemen's Insurance v. Horton

The bill of exceptions in this case, as to what occurred upon the trial of the cause, contains the following:

“ And the .court further certifies that said defendant, by its solicitor or otherwise, did not appear in court and argue or urge said motion for a new trial, but assented to the overruling by the court of said written motion for a new trial, without argument of the points set forth therein, and without reading, or in any way presenting, said grounds for a new trial to the court, and the court did not hear or see said grounds or written motion for a new trial.”

On December 1, 1896, a…