Forschner v. Garrison

— This is an appeal from a judgment in favor of appellees and appellants’ only assignment of error is the overruling of their motion for new trial. Appellees have filed a “motion to affirm trial court judgment or dismiss appeal” with proof of service and brief in support thereof. Such motion attacks the sufficiency of the transcript and appellants’ brief on several grounds.

Appellees urge that the bill of exceptions is not properly in the transcript because it contains no certificate of the judge and, therefore, since the only alleged error depends upon a consideration of the evidence, the…