
    Wilson Losure v. Jacob M. Miller.
    Filed June 19, 1895.
    No. 6137.
    Review: Motion for New Trial: Sufficiency of Evidence. An objection that the findings and judgment are not sustained by the evidence will not be considered by this court where the record does not disclose that a motion for a new trial, setting up that ground was presented to the trial court and a ruling obtained on the motion.
    Error from the district court of Knox county. Tried below before Allen, J.
    
      
      O. W. Rice and W. L. Henderson, for plaintiff in error.
    
      J. H. Berryman, contra.
    
   Norval, C. J.

This is an action to recover damages for an alleged malicious prosecution. There was a trial to the court, a jury being waived, with findings and judgment for the plaintiff. The defendant prosecutes a petition in error to this court.

But a single proposition is discussed in the briefs, and that is the evidence in the case is insufficient to sustain the findings and judgment; and this question cannot be considered by this court, for the reason the record fails to disclose that a ruling of the trial court was made upon the motion for a new trial. (Hull v. Miller, 6 Neb., 128; Smith v. Spaulding, 34 Neb., 128; Scroggin v. National Lumber Co., 41 Neb., 195.) The judgment is

Affirmed.  