Opinion
No. 17,469.
Filed March 28, 1946. Rehearing Denied April 26, 1946. Transfer Denied May 28, 1946.
APPEAL — Briefs — Failure to Include Motion for New Trial and Other Matters — Sufficiency of Evidence and Legality of Judgment Not Determined. — Where appellants' brief did not contain the pleadings, the motion for new trial, the judgment, nor a statement of the evidence in narrative form, no question was presented by an assignment of error in overruling their motion for new trial which attempted to challenge the sufficiency of the evidence and the legality of the judgment.
From the De Kalb Circuit Court; William F. Endicott, Judge.
Action between John R. Leighty and another and Emerie Renbarger. From the judgment entered, the former appealed, and Emerie Renbarger filed a motion to dismiss the appeal. Appeal Dismissed. By the court in banc.
Dan M. Link, of Auburn, and Wm. J. Hull, of Cleveland, Ohio, for appellants.
Mountz Mountz, of Garrett, for appellee.
Appellee has filed herein a motion to dismiss this appeal on the ground that no question for review has been presented.
The error relied upon for reversal is the overruling of appellants' motion for a new trial which attempts to challenge the sufficiency of the evidence and the legality of the decision. But appellants' brief does not contain the pleadings, the motion for a new trial, the judgment, nor a statement of the evidence in narrative form. No question is therefore presented. Rule 2-17, Rules of Supreme Court.
Appeal dismissed.
NOTE. — Reported in 65 N.E.2d 637.