Fulton, Supt. v. Roderick, Admr.

OPINION

By SHERICK, J.

This .review is upon a question of law from a trial had to the court without the intervention of a jury. It is important that this be kept in mind, because of two facts: First, in that this court has previously herein overruled a motion to dismiss the appeal predicated upon the appellant’s failure to have filed a motion for a new trial; second, in that as a motion for a new trial had not been filed and disposed of, this court may not now engage in considering the evidence in respect to its weight.

We see no need to engage in a recitation of the lengthy facts. The action is…