Thomas v. Brook

COLEMAN, Justice.

This is an appeal by plaintiff from a judgment for defendant rendered by the court without a jury in an action at law.

The first assignment of error recites :

“1. The court erred in failing to grant Appellants’ motion for a new trial.”

When the record does not disclose the fact assumed as a ground of an assignment of error, such ground for error cannot be considered on appeal. Davis & Company v. Thomas, 154 Ala. 279, 45 So. 897; White v. State, 262 Ala. 694, 81 So.2d 267.

The record does not disclose a motion for new trial or judgment overruling such motion. Consequently;…