D. S. B. Johnston Land-Mort. Co. v. Case
D. S. B. Johnston Land-Mort. Co. v. Case
Opinion of the Court
By this action, which was tried to thecourt without a jury, plaintiff sought to set aside two tax deeds, and now appeals from a judgment in favor of defendants and from an order denying a new trial. The motion for a new trial was based upon a settled statement or bill of exceptions, which contains no specifications of the particulars in which the evidence is claimed to be insufficient, nor of the errors of law occurring at the trial; and the notice of intention, designating that the motion would be made on a bill of exceptions, is neither at-
Reference
- Full Case Name
- D. S. B. Johnston Land-Mort. Co. v. Case (First Nat. Bank of Charles City, Iowa, Intervener.)
- Cited By
- 11 cases
- Status
- Published
- Syllabus
- 1. Where on a motion for a now trial of a cause tried by thecourt, a settled statement or bill of exceptions failed to contain specifications' of the particulars in which the evidence was claimed to be insufficient, or of the errors of law relied on, as required by Oomp. Law, § 5090, the trial court’s action in denying- the motion, so far as errors not specified were concerned, cannot be reviewed. 2. The defects were not cured by unauthenpentod assignments, presented on appeal.