Martin v. Barnum

Appellees have filed their motion to dismiss the appeal in this cause for the reason (1) that no assignments of error were filed in the trial court, and (2) because no motion for a new trial was filed therein. The motion further states that there are no fundamental errors apparent of record, and appellants do not deny this statement, and therefore we may accept said statement as true.

The case having been tried by the court without the intervention of a jury, it was not necessary, in order to give this court jurisdiction, for a motion for a new trial to be filed. Hess & Skinner Engineering Co.…