Lander State Bank v. Nottingham

Potter, Justice.

This case has been heard upon a motion to dismiss the proceeding in error. The only stated ground as we understand the motion, is that no motion for a new trial is included in the bill of exceptions; and we may say that none appears otherwise to have been filed in the cause. Counsel for the motion relies upon the rule of this court (Buie 13) providing that nothing which could have been properly assigned .as a ground for a new trial in the court below will be considered in this court in a proceeding in error unless it shall appear that the same was properly presented to the…