Overton v. Colored Knights of Pythias

Defendants in error object to the consideration of the brief of plaintiff in error, and this objection must be sustained. No assignments of error were filed in the court below. Articles 1612 and 2113, R. S. 1911. Chapter .136 of the Acts of the Thirty-Third Legislature, p. 276, provides that “where a motion for new trial has been filed that the assignments therein shall constitute the assignments of error and need not be repeated by the filing of the assignments of error.” Under this statute the motion for a new trial becomes the assignments of error, but this does not dispense with the…