HYTER v. WHELAND COMPANY


338 S.W.2d 571 (1960)

Abram HYTER and Macie Hyter v. WHELAND COMPANY.

Supreme Court of Tennessee.

September 9, 1960.


Attorney(s) appearing for the Case

Louis J. Epstein, Chattanooga, for appellants.

Chambliss, Chambliss & Hodge, Chattanooga, for appellee.


PREWITT, Chief Justice.

The defendant below, the plaintiff in error here, has filed a motion to dismiss the Writ of Error filed by the complainants on the ground that the complainants did not file a motion for new trial before the trial judge.

This Court will not consider any assignment of error which was not made a ground for motion for new trial and seasonably brought to the attention of the Trial Judge. Mashburn v. Ne-Hi Bottling Co., 191 Tenn. 135, at...

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