Hyter v. Wheland Co.

Mr. Chiee Justice Prewitt

delivered the opinion of the Court.

The defendant below, the plaintiff in error here, has filed a motion to dismiss the Writ of Error filed by the complainants on the ground that the complainants did not file a motion for new trial before the trial judge.

This Court will not consider any assignment of error which was not made a ground for motion for new trial and seasonably brought to the attention of the Trial Judge. Mashburn v. Ne-Hi Bottling Co., 191 Tenn. 135, at page 138, 229 S.W.2d 520, at page 522, 232 S.W.2d 11, at page 12.

In our recent case of Adams v.…