Chanosky v. State

Opinion by

BRETT, C.

This cause comes up, first, on motion of the defendants in error to dismiss the appeal on the ground that no motion for a new trial was ever filed. The case is brought to this court by petition in error and case-made. And no motion for new trial appears in the record. But the record is properly certified as a transcript.

The plaintiffs in error, however, seem to rely on the recital, in the judgment to the effect that:

“Motion for new trial on behalf of each of said above interveners is considered -filed, heard, and overruled, to which said interveners, and each of them,…