Viall v. Coulton

Opinion of the Court by

Van Sant, Commissioner

Dismissing appeal.

The sole complaint on this appeal is that the trial court erred in overruling appellant’s motion for a new trial, in support of which affidavits were filed showing both the defendant and his attorney were ill and unable to be in court on the day of the trial. No bill of exceptions has been filed in this court, and it appears from the record before us that no order was entered filing a bill of exceptions in the lower court. Under ordinary circumstances where no bill of exceptions is filed, the judgment will be affirmed, if…