Opinion
No. 15,194.
Filed February 6, 1936.
APPEAL — Briefs — Statement of Record — Failure to Set Out Motion for New Trial. — Where the sole error assigned was overruling the motion for new trial, and appellant's briefs failed to set out a copy of the motion, or to show that any time was given to file a bill of exceptions containing the evidence, or that any such bill was filed, no question was presented for review.
From Franklin Circuit Court; Roscoe C. O'Byrne, Judge.
Action between James A. Melvin and another and Jethro M. Hamilton, administrator of the estate of Hazel Reed Hamilton, deceased. From the judgment, the first named parties appealed. Affirmed. By the court in banc.
V.J. McCarty, for appellants.
O.W. Hubbard, for appellees.
This is an attempted appeal from a judgment of the Franklin Circuit Court. The sole error assigned for reversal is the overruling of appellant's motion for a new trial. The appellants have failed to set out a copy of their motion for a new trial or the substance thereof in their brief. The brief also fails to show that any time was given in which to file a bill of exceptions containing the evidence and proceedings of the trial court or that any bill of exceptions approved by such court was ever filed and made a part of the record. Thus no question is presented for our consideration. State ex rel. v. Hinds (1929), 200 Ind. 613, 165 N.E. 754; United Paperboard Co. v. Muncie, etc., Co. (1926), 84 Ind. App. 333, 151 N.E. 365; Indiana Service Corporation v. Daily (1928), 87 Ind. App. 6, 159 N.E. 767; Rule 21, Supreme and Appellate Courts.
The death of appellee having been suggested the judgment is affirmed as of date of submission.