Brown v. Armfield

— The only error assigned and not waived is that the court erred in overruling appellants’ motion for a new trial. All the causes assigned for a new trial depend for their determination upon the evidence.

Appellants (under §661 Burns 1894, §649 R. S. 1881 and Horner 1897) directed the clerk “to prepare and certify full, true, and complete transcript of the proceedings, and of the following papers, to wit, original complaint, third paragraph of complaint as amended, motion to make third paragraph of complaint more specific, demrirrers to each paragraph of complaint, answer and cross-complaint,…