
    Joseph Storey et al. v. Macha M. Burns.
    Filed February 2, 1898.
    No. 7821.
    Proceeding's in Equity: Review. A review by petition in error of the proceedings during the trial in the district court of an equity cause cannot be obtained in this court if no motion for a new trial was filed in the trial court; and in a case so presented here, the record will be examined no further than to ascertain whether the pleadings state a cause of action or defense and support the judgment or decree.
    Error from f lie district court of Adams comity. Tried below before Beall, J.
    
      Affirmed.
    
    
      Capps & Stevens, for plaintiff in error.
    
      Batty, Dungan é Burton and ill. A. 11 artigan, contra.
    
   Harrison, C. J.

This action was commenced by the defendant in error in the district court of Adams county December 29, 1893, to procure the foreclosure of a real estate mortgage. Issues were joined, and on June 23, 1894, as a result of a trial, the defendant in error was awarded a decree.

The cause is presented to this court by petition in error on behalf of the defendants in the district court. There ivas no motion for a new trial filed for plaintiffs in error in the trial court. It is the rule that to obtain a review in this court by petition in error of the proceedings during the trial of such an action as this a motion for a new trial must be made in the trial court as in a law action. (Carlow v. Aultman, 28 Neb. 672; Hansen v. Kinney, 46 Neb. 207.) In an error proceeding to this court, where it appears that no motion for a new trial ivas filed in the district court, no further examination will be made than to ascertain whether the pleadings state a cause of action or defense and support the judgment or decree rendered, (Hansen v. Kinney, supra.) The petition in the present case states a cause of action and supports the decree. The latter must therefore be

Affirmed.  