Commercial Investment Trust v. Ferguson

The only questions presented by the plaintiff in error on this appeal are the following: (IV Error in overruling defendant’s demurrer to plaintiff’s petition: (2) the pleadings are insufficient to support the verdict and judgment; and (3) error in instructing the jury. An examination of the record discloses that none of these questions are properly presented to this, court for review. The alleged error in overruling the demurrer to the petition cannot be reviewed upon appeal because the action of the trial court in regard thereto was not set out in the motion for a new trial. The rule in…