Dunn v. Dunn

Appellees brought this action, and obtained judgment against appellants. The errors assigned by appellants, and not waived, are: First, that the court erred in overruling appellants’ demurrer to each paragraph of the amended complaint; second, that the court erred in overruling appellant’s motion for a new trial.

The first assignment of error presents no question, for the reason that no amended complaint is set forth in the record. The presumption is that the ruling of the trial court was correct, and, unless both the amended complaint and the demurrer thereto are set forth in the record, the…