Jones v. Hughes

Opinion by

LOGSDON, C.

Preliminary to a discussion of the errors assigned in the petition in error, it is necessary to dispose of a motion filed herein by plaintiff to dismiss this appeal for the reason that defendants failed to assign as error in their petition in error the overruling of their motion for new trial. By chapter 34, Sess. Laws 1923, it is provided that such assignment of error shall be no longer required in this jurisdiction, and that in. any case pending at the time of the passage and approval of the act, as well as in all cases thereafter filed in this court, it shall be…