Perry v. Wheeler

This was an action upon a promissory-note and to foreclose a mortgage securing the same. Judgment was entered against the plaintiffs in error. In order to bring the errors complained of into the record, it was necessary for them to file a motion for a new trial, which they did, but the overruling of the same is not assigned in their petition in error as one of the errors complained of. By this omission all of the errors occurring at the trial are waived. (Binns v. Adams, 54 Kan. 615, 38 Pac. 792.) We may not consider, therefore, any errors except such as would have come to us by a transcript…