Honeycutt v. Nabors

The defendants have filed a motion to dismiss this writ of error, or in the alternative to strike it on two grounds: First, that there is no motion for a new trial of record in the cause, and second, that there is no prayer for an appeal, nor is there an order granting an appeal on file in the record in this cause.

This motion must be overruled for the reason first, that the alleged error is asserted to be apparent on the face of the technical record in'which case a motion for a new trial is not a prerequisite to the removal of the case to the Appellate Court (See: — Güreath’s ed., Caruthers’…