Purcell Wholesale Grocery Co. v. Cantrell

I dissent for the reason that the issues submitted are not decided. One of those issues is the statute of limitations.

The majority opinion holds that a motion for new trial is a necessary prerequisite to jurisdiction of this court. Nevertheless, the majority opinion reviews the action of the trial court and affirms the decision. How can this court review or affirm when it has preadjudged its lack of jurisdiction.

Certain of the assignments of error are-reviewable on transcript. A review of the record discloses that the statute of limitations has long since run against this action in that it…