Hayes Chunn v. Holland

CROWNOVER, J. This was an action for damages caused by the collision of two trucks, and resulted in a judgment for $154.05 in favor of the plaintiff below, Holland. Hayes & Chunn appealed in error. We cannot entertain the assignments of error fqr the reason that the motions for a new trial and in arrest of judgment were not made a part of the bill of exceptions and were not copied into the minutes of the court. A motion for a new trial not spread on the minutes of the court nor included in the bill of exceptions forms nO' part of the record even though copied into the transcript of the record. Chattanooga Iron & Coal Co. v. Hanssard, 143 Tenn., 553, 226 S. W., 1045. It follows that as all the assignments of errors raise questions which must necessarily be based on a motion for a new trial properly preserved in the bill of exceptions or in the minutes of the court, they must be overruled, and the judgment of the lower court must be affirmed. A judgment will be entered in this court for $154.05, with interest from September 7, 1929, up to the present time, together with the cost of the court below, in favor of Holland and -against Hayes & Chunn. The cost of the appeal is adjudged against Hayes & Chunn and the surety on their appeal bond. Executions will issue accordingly.