
    LITE, Appellant, v. ORDWAY COMMON SCHOOL DISTRICT NO. 14, of Brown County, South Dakota, et al., Respondents.
    (187 N. W. 537.)
    (File No. 5051.
    Opinion filed March 31, 1922.)
    Appeals — Assignments of Error R© Sufficiency of Evidence, No Motion Eor New Trial, No Review.
    Assignments of error "being based solely on insufficiency of evidence to sustain findings, and no motion for new trial having been made, no question for review is presented.
    Smith, J., not sitting.
    Action by J. E. Lite, against Ordway Common School District No. 14, of Brown County, South Dakota, a municipal corporation, and William Schultz and others, members of the 'School Board, and C. J. Johansen, to have a certain alleged attempted contract by defendants for construction of a school house declared illegal and void, and for judgment enjoining defendants from constructing such school house, and for other relief. Erom a judgment for defendants, plaintiff appeals.
    Affirmed.
    
      Sieh & Flynn, for Appellant.
    
      Williamson, Willia<inson & Smith, for Respondents.
   GATES, P. J.

This is an appeal from a judgment.. The assignments of error are based solely upon the insufficiency of the evidence to sustain the finding of the trial court. Such, being the case and no motion for new trial having been made, the assignments of error (even if in accordance with the rules of this court) present no question for review. Keyes v. Baskerville, 42 S. D. 381, 175 N. W. 874.

The judgment is affirmed.

SMITH, J., not sitting.  