Hyter v. Wheland Co.
| Decision Date | 09 September 1960 |
| Citation | 338 S.W.2d 571,207 Tenn. 127,11 McCanless 127 |
| Parties | , 207 Tenn. 127 Abram HYTER and Macie Hyter v. WHELAND COMPANY. |
| Court | Tennessee Supreme Court |
Louis J. Epstein, Chattanooga, for appellants.
Chambliss, Chambliss & Hodge, Chattanooga, for appellee.
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 page 138, 229 S.W.2d 520, at page 522, 232 S.W.2d 11, at page 12.
In our recent case of Adams v. Patterson, 201 Tenn. 655, 301 S.W.2d 362, we held that an appeal in workmen's compensation case is in nature of writ of error and not by simple appeal, and therefore motion for new trial is necessary. T.C.A. Secs....
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Strader v. United Family Life Ins. Co.
...of the trial judge. Mashburn v. Ne-Hi Bottling Company, 191 Tenn. 135, 229 S.W.2d 520, 232 S.W.2d 11 (1950); Hyter v. Wheland Company, 207 Tenn. 127, 338 S.W.2d 571 (1960). We are of the opinion from what we have hereinabove said, the 1965 amendment to T.C.A. Section 27--303 does not necess......
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Garner v. Maxwell
...not presented in the defendants' motion for new trial. Consequently, it cannot be considered by this Court on appeal. Hyter v. Wheland Co., 207 Tenn. 127, 338 S.W.2d 571. 2. The question of whether or not the jury's verdict was properly returned against all four defendants turns on whether ......
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Reedy v. Mid-State Baptist Hosp., MID-STATE
...for a new trial. The matter, therefore, cannot be considered by us. Adams v. Patterson, 201 Tenn. 655, 301 S.W.2d 362; Hyter v. Wheland Co., 207 Tenn. 127, 338 S.W.2d 571. The petition to rehear is denied at petitioner's ...