506 CASES IN THE'S ■ UPREME COURT' [27 Ark. Mills v. Jones & Reed. [DECEMBER MILLS v. JONES & REED. SUPREME COURT—Practice s on appecas.—Exceptions taken to the rulings of the court below, but not made the grounds for the motion for a new trial, will be considered waived and not subject to review in this court. APPEAL FROM MONROE CIRCUIT COURT. HON. jOHN E. BENNETT, Cireicit Judge. Watkins 4-r Rose, for Appellant: Wassell & Moore, for Appellees. We submit there is no question of law before this court. All exceptions not incorporated in . the motion for a new trial are waived. Collier vs. State, 20 Ark., 360; Graham vs. Roark, .• 23 Ark., 19. That the scope of review in this court is limited by. the grounds taken iii the motion. Hopkins et al..vs. Dowd, 11 Ark., 627.
27 Ark.] ,OF THE STATE OF ARKANSAS. 507 TERM, 1872.1 • Mills v. Jones & Reed. SEARLE, J.—This suit was brought to the° November term, 1868, of the Monioe Circuit Court. The trial was by jury ; finding and, judgment for plaintiffs, from which this appeal wns taken. Froni the transcript of the record before us, it appears that the only exceptions taken, on the trial of ' the cause, were to the instructions of the court to the jury. But these excep-, tions were not made the ground for the motion for a new trial. They were therefore waived. Collier vs. State, 20 Ark., 36 ; Graham vs. Roark) 23, Ark., 19. No , rule is better settled than that the scope of review, in this court, is limited • to the grounds upon which the motion for a new trial was based. Hopkins et al. vs. Dowd, 11 Ark., 627. There is, therefore, no question of law before the court. If errors of law were coin-0 mated on the trial, they have been waived. We will remark, further, that it does not appear from the transcript that the overruling of the motion for a new trial was excepted to, and the motion is not, in fact, any part of the record of the case. Finding no errors in the proceedings of the court below, from the transcript 'before us, let the judgment be affirmed. BENNETT, J., did not sit in this case. HoN. W. I. WARWICK, Special Supreme Judge.
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