Harmon v. Haas

(On motion for rehearing.) Appellant asks for rehearing on the ground that this court has overlooked defendant’s requests for instructions Nos. 5 and 6. It is true that defendant made such request, but in his motion for a new trial he did not specify as error the refusal to give the instructions requested. The attention of the trial court therefore was not called to such matters and that court was not required to pass upon the effect of refusal. “Grounds not stated in the motion or written statement will not be considered at the hearing by the trial court.” Kanable v. Great Northern R. Co. 45…