Mehaffey v. Hambrick

Bleckley, Chief Justice.

Under the law applicable to this case as a whole at the present stage of it, no examination of the grounds of the motion for a new trial is needful or would be proper, for the court below should not have adjudicated upon the motion either to grant or deny it, without having before it a proper brief of evidence.

The cross-bill of exceptions presents two assignments of error, both going back behind the judgment complained of in the principal hill. These are, first, that the court erred in deciding that the report of the trial was a sufficient brief of the evidence, and…