Green v. State Highway Commission

The opinion of the court was delivered by

Fatzer, J.:

The appellant landowners ask for a rehearing and a reversal of the decision previously rendered affirming this appeal upon the ground that where an appellant does not specify as error the overruling of his motion for a new trial, trial errors specified are not subject to appellate review, and under such circumstances, the appeal reaches this court as if no motion for a new trial had been filed (Green v. State Highway Commission, 184 Kan. 525, 337 P. 2d 657).

The landowners first contend the rule to which this court has consistently adhered,…