American Ins. Co. of Newark, N.J. v. Dutton

Per Curiam. Counsel for appellee move to dismiss the appeal or to affirm the judgment of the circuit court because the court adjourned without passing on the motion for a new trial and there is no error apparent on the face of the record. The record shows that the court adjourned for the term without acting on the motion for a new trial. When an appeal is taken from a judgment and the trial court adjourns without acting upon and overruling the motion for new trial, nothing is brought before the court for review except the pleadings, verdict and judgment; and if the pleadings and verdict authorized the judgment rendered, it will be affirmed without regard to the rulings of the court at the trial further than they appear in the judgment. Young v. King, 33 Ark. 745; Kearney v. Moose, 37 Ark. 37; and Scroggins v. Hammett Grocer Co., 66 Ark. 183, 49 S. W. 820. This was a suit on an insurance policy for $1,200, and there was a verdict and judgment against appellant for that amount. The court also allowed appellee an attorney’s fee of $200, and there is nothing in the record to show that this amount was excessive. Security Insurance Company of New Haven v. Smith, ante p. 254; and Union Central Life Ins. Co. v. Mendenhall, ante p. 25. It follows that the judgment must be affirmed.