State Bank v. Moritz

I cannot concur in the above decision because I have been unable to find anywhere in the record that the alleged errors, which appear to be the basis for the reversal urged by the appellants and are embodied as such in the opinion, were ever called to the attention of the trial court so as to afford that court an opportunity to correct the same before the appeal to this court was taken. It was held in Willt v. Feikert, 139 Kan. 22, 29 P. 2d 1078, that—

“Errors occurring at the trial and not brought to the attention of the trial court by a motion for a new trial are deemed to be waived and…