McCormick v. Ricks

On motion for Rehearing.

In his brief and again in his motion for rehearing, appellee contends that this court cannot consider actions and rulings of the court below on the admission and exclusion of evidence at the trial, nor any other alleged errors urged by appellants except those pertaining to the action of the court in giving to the jury a peremptory instruction to return a verdict against them, because they did not file and urge a motion for a new trial in the court below and therein assign such errors.

As we stated in the original opinion, a jury was empaneled to try the case but, at the…