
    Weakley County Road Commissioners et al. v. Illinois Central Railroad Company.
    
      (Jackson.
    
    April Term, 1910.)
    APPEALS. Motion for new trial is essential in cases tried, before • circuit judge without a jury.
    A motion for a new trial is as essential and necessary in a case tried by tbe circuit judge without the intervention of a jury, as it is in a case tried with or before a jury.
    Case cited and approved: Railroad v. Johnson, 114 Tenn., 632.
    PROM WEAKLEY.
    Appeal in error from the Circuit Court of WeaMey County.
    H. L. Hill, Special Judge.
    J. W. Eankin, for plaintiffs.
    Hall & Jones, for defendants.
   Pee Curiam.

This is an appeal in error from the judgment of the trial'judge, who disposed of the case without the. intervention of a jury. Ho motion for a new trial was made in the court below.

In Railroad v. Johnson, 114 Tenn., 632, 88 S. W., 169, there was an intimation of our dissatisfaction with- the earlier holding that in such a case a motion for a new trial was not necessary. Since then it has been held that it is essential. This harmonizes the practice in all cases coming to this court from the common-law courts.

Judgment affirmed..  