Taylor v. Tanner

Hill, J. -1. An approved brief of evidence is an indispensable part of a motion for a new trial; and if not prepared and presented as provided in the order setting the hearing in vacation, the motion for a new trial is properly dismissed on motion. 2. The final judgment complained of being the dismissal of the motion for a new trial, exceptions taken pending the trial of the main case, which are appropriate to be taken in a motion for new trial, are not reviewable. Judgment affirmed. All the Justices concur, except Fish, O. J., absent.