Opinion
No. 12,430.
Filed March 31, 1926.
APPEAL. — Appellant's brief must contain motion for new trial in order to present any question as to ruling thereon. — Where the only error assigned is overruling the motion for a new trial, no question is presented for review when the motion is not set out in appellant's brief.
From Wabash Circuit Court; Frank O. Switzer, Judge.
Action between the United Paperboard Company and the Muncie Steel Supply Company. From the judgment rendered, the former appeals. Affirmed. By the court in banc.
D.F. Brooks, for appellant.
Alfred H. Plummer and Franklin W. Plummer, for appellee.
The only question which appellant seeks to present is that the court erred in overruling its motion for a new trial. But no motion is set out in appellant's brief. No question is presented. White v. State (1915), 182 Ind. 686, 107 N.E. 674; Farmers, etc., Co. v. Duncan (1917), 187 Ind. 658, 116 N.E. 420.
Appellant's attention is also directed to § 725 Burns 1926, § 700 Burns 1914.
Judgment affirmed.