APPEAL — Presentation in Lower Court of Grounds for Review — Evidence — Sufficiency — Error Should Be Presented to Trial Court — No Question Presented for Review — Motion To Affirm Judgment Sustained. — Where appellant assigned as error that the trial court's decision was not sustained by sufficient evidence and was contrary to law, appellee's motion to affirm the judgment on the grounds that no question was presented by such assignment would be sustained, because such alleged errors should be presented to the trial court by statutory motion for determination, and the ruling thereon presented to the proper court of appeal. Burns' 1946 Replacement, § 2-2401.
ROYSE, J.
This is an attempt to appeal from a judgment of the St. Joseph Superior Court No. 1. The assignment of errors here is as follows:
"1. Court's decision is not sustained by sufficient evidence;
"2. Court's decision is contrary to law."
Appellee has filed his motion to affirm the judgment on the grounds that no question has been presented by the above assignment of errors. The motion will have to be sustained. Burns' 1946 Replacement, § 2-2401; Van Buskirk et al. v. Stover (1904), 162 Ind. 448, 70 N.E. 520; Zimmerman v. Gaumer et al. (1899), 152 Ind. 552, 555, 53 N.E. 829.
Judgment affirmed.
NOTE. — Reported in 86 N.E.2d 707.