Chain O'Mines, Inc. v. Lewison

Eule 8 of this court requires that the party claiming error in the trial below must, unless otherwise ordered, move the trial court for a new trial, and, without such order, only such questions as are presented in the motion, will be considered on review. An examination of the record herein discloses that no motion for new trial was filed and no order dispensing with the necessity therefor appears in either the record or bill of exceptions. Where this rule has not been complied with we have repeatedly held that issues of fact determined by the trial court cannot be reviewed here. The…