
    [No. 5752.]
    Lowell et al. v. Rice.
    1. Appeal — Abstract of the Record — Error assigned upon tbe denial of a motion for a new trial will not be considered unless tbe motion is set out in tbe printed abstract. — (472)
    2. Where the Facts Will Be Examined — A finding upon conflicting evidence will not be disturbed. — (472)
    
      Appeal from Denver County Court — Hon. Charles McCall, Judge.
    Mr. E. M. Sabin, for plaintiff in error.
    Mr. W. E. Clabk, for defendant in error.
   Chiee Justice Steele

delivered the opinion of the court:

Upon the appeal to the county court, judgment was rendered in favor of the plaintiff. The assignments of error-relate to the sufficiency of the evidence, the overruling of the motion for a new trial, and the rejection of certain testimony.

The refusal of the court to receive testimony offered by the defendant was clearly not prejudicial.

The motion for a new trial is not found in the abstract; and as there was a conflict in the evidence, we shall affirm the judgment. Affirmed.

Mr. Justice Campbell and Mr. Justice Musser concur.  