63 Ind. App. 636 | Ind. Ct. App. | 1917
This is an agreed case under §579 Burns 1914, §553 R. S. 1881, involving the construction of certain sections of the constitution of ap'pellee with reference to the payment of a funeral donation to appellant, as the widow of a deceased member. The court below made a general finding in favor of appellee, who was the defendant in the action, and rendered judgment that appellant take nothing and that appellee recover its costs. Appellant filed a motion for a new trial, which motion was overruled, and an exception was
There is no bill of exceptions in the record in this case, and it therefore follows from the authorities cited that the action of the court in overruling appellant’s motion for a new trial raises no question in this court in either event; and since an exception to the action of a trial court is essential in order to make the same available on appeal, and the record discloses no exception, save the one relating to the ruling on the motion for a new trial, we conclude that there is no question presented for our determination. Butler v. Thornburgh, Admr. (1895), 141 Ind. 152, 40 N. E. 514; Hedrick v. Whitehorn (1896), 145 Ind. 642, 43 N. E. 942; State v. Friedley (1898), 151 Ind. 404, 51 N. E. 473.
Judgment affirmed.
Note. — Reported in 115 N. E. 78.