COOPER, C.J.
This appeal comes to us from the Superior Court of Allen County, Indiana. The assigned error is that the court erred in overruling appellant's motion for a new trial. The matter is now before us on the appellee's motion to dismiss or affirm upon the theory that the plaintiff, appellant herein, did not file his motion for a new trial within the thirty-day period after the decision was rendered by the trial court, as required by the statute.
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