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LEIGHTY ET AL. v. RENBARGER

APPEAL — Briefs — Failure to Include Motion for New Trial and Other Matters — Sufficiency of Evidence and Legality of Judgment Not Determined. — Where appellants' brief did not contain the pleadings, the motion for new trial, the judgment, nor a statement of the evidence in narrative form, no question was presented by an assignment of error in overruling their motion for new trial which attempted to challenge the sufficiency of the evidence and the legality of the judgment.

FLANAGAN, C.J.

Appellee has filed herein a motion to dismiss this appeal on the ground that no question for review has been presented.

The error relied upon for reversal is the overruling of appellants' motion for a new trial which attempts to challenge the sufficiency of the evidence and the legality of the decision. But appellants' brief does not contain the pleadings, the motion for a new trial, the judgment, nor a statement of the evidence in narrative form. No question is therefore presented. Rule 2-17, Rules of Supreme Court.

Appeal dismissed.

NOTE. — Reported in 65 N.E.2d 637.

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LEIGHTY v. RENBARGER
(Mar 28, 1946)