Opinion
No. 13,073.
Filed April 19, 1928.
APPEAL — Briefs — Motion for New Trial. — No question relative to the ruling on the motion for a new trial is presented for review on appeal unless the motion for a new trial is set out in appellant's brief.
From Madison Superior Court; Lawrence V. Mays, Judge.
Claim by Marshall Field and Company against the Anderson Trust Company, executor. From a judgment for defendant, the claimant appeals. Affirmed. By the court in banc.
Diven, Diven Campbell, for appellant.
Bagot, Free Pence, for appellee.
An action by appellant for goods and merchandise alleged to have been sold to appellee's decedent. Judgment for the defendant. The error assigned relates to the overruling of appellant's motion for a new trial. Appellee has called attention to the fact that the motion for a new trial is not set out in appellant's brief, and insists that, under the rules of this court, no question is presented. Appellant has neither replied to this contention, nor made any effort to overcome the defect. Under the circumstances, appellee's contention must prevail.
Judgment affirmed.
Dausman, J., absent.