Cheney v. Wagner

This is a motion to strike the petition in error and transcript from the files: first, because no motion for a new trial was filed in the court below; second, no exceptions taken to the final judgment, and, third, because the transcript was not filed “within the time allowed by law for taking and docketing appeals.”

The failure to file a motion for a new trial, while it will prevenían examination of the proceedings occurring on the trial, is-no ground for dismissing a case filed in this court, as the errors complained of may be apparent from the pleadings and judgment. Neither is the second…