Alabama Court of Appeals December 18, 1928, 4 Div. 399. (Simmons Ex Rel. Russell v. Goff)

BRIOKEN, P. J.

In this court appellant assumes the burden of showing that error intervened in the proceedings of the trial court. Error is not presumed, but must appear from the record presented to us.

In this case the only error assigned is that the trial court erred in overruling the motion made in the court below for a new trial.