City of Iola v. Birnbaum

The opinion of the court was delivered by

Mason, J.:

Tillman Birnbaum recovered a judgment against the city of Iola for personal injuries received by him at the hands of a mob, and the city prosecutes error. Several of the assignments of error relate to rulings made at the trial, and cannot be considered upon their merits for the reason that the only motion for a new trial that was filed made no reference to them, either specifically or in general terms. Complaint is made of the language used by the plaintiff’s attorney in addressing the jury, but it cannot be entertained, for no objection was…