108 So. 797 | Miss. | 1926
The error sought here to be corrected, assuming for the sake of argument that error it is, was committed by the court below, and was one of the questions which the appellant, if it desired a review by this court thereof, should have raised by its assignment of error when the case was submitted to this court for affirmance or reversal. Consequently, it is not now open to consideration for two reasons: (1) It was waived by not being included in the assignment of error (rule No. 6 of this court,
The motion will be overruled.