Carr v. Eaton

The judgment below in this case was in favor of the appellee against the appellant. The -errors assigned are: 1. The overruling the defendant’s motion for a continuance of the cause. 2. The refusal of the court to grant a new trial, and, 3. The overruling of the defendant’s motion for judgment on the special findings by the jury.

The first error assigned cannot be sustained. Where the court has improperly refused to grant a continuance, the ruling must be made the ground of a motion for a new trial, in order to present the question to this court, and then it must be done by assigning as error…