Pratt v. Allen

Appellants complain of the rulings of the court below in excluding evidence offered by them under a plea in abatement, and in refusing them leave to file an answer in bar.

These questions are not before us for decision, for more than one reason.

First. The exclusion of the evidence, if error, was an error which occurred during the trial, and the question of such exclusion should have been presented to the court below as a cause for a new trial. We can not know that it was so presented, or decide that the court erred in overruling the motion for a new trial, because there is no such motion in…