Walker v. Blake

Appellees move for an affirmance of judgment in this case for the reason that no motion for a new trial was filed within the time provided by law, and that there is no assignment of error. The motion for a new trial was filed more than five days after the judgment was rendered. Therefore the trial court did not err in denying it. *2The failure to move for a new trial waived all errors not fundamental. McDonald v. Cox, 12 Ariz. 171. 100 Pac. 457.

Counsel for appellants do not make a formal assignment of errors, but close their brief with the statement that the trial court erred in several…