57 Ind. App. 368 | Ind. Ct. App. | 1914
This appeal is based on the following “assignment of errors” in this court: “The appellant says there is manifest error in the judgment and proceedings in the cause, in the following: (1) The court erred in sustaining appellee’s motion for permission to withdraw the request for special finding of facts and conclusions of law thereon. (2) The court erred in overruling appellant’s motion for a new trial.”
The appellee has filed a motion to dismiss this appeal on the following grounds: “(1) For failure on the part of the appellant to comply with Rule No. 3 in the preparation of its transcript in this: * * * (2) Appellant in the preparation of its brief has not complied with Rule 22 of this court in this: * * * (3) Because no questions for the consideration of this court upon appeal have been or are presented in the record. ’ ’ The first two grounds of the motion are each followed by a specification of the particulars in which the respective rules relied on therein have not been followed, but our disposition of the third ground of the motion renders unnecessary a consideration of the questions presented by such specifications.
The record in this ease as it comes to ns presents no question for our determination and the appeal is therefore dismissed.
Note. — Reported in 107 N. E. 85. See, also, under (1) 20 Cyc. 755; (2) 3 Cyc. 172; (3) 3 Cyc. 176.