Giannotti v. De Bock

*333By the Court,

Coleman, J.:

This is an appeal from the' judgment. No motion for a new trial was made in the action.

Counsel for respondent contends that we cannot consider the-evidence in the case, since no motion for a new trial was made. In this contention he is clearly right, as we have repeatedly held. Section 386 of our civil code (Rev. Laws, 5328) reads:

“Where the appeal is based upon the ground that the evidence is insufficient to justify the verdict or decision of the court, or to support the findings, * * * a motion for a new trial must be made and determined before the appeal is taken.…