Collins v. Carr

1. The Supreme Court has no authority to “decide any question unless it is made by a special assignment of error in the bill of exceptions.” Civil Code, $ 5584.

2. A bill of exceptions which, after setting forth a judgment rendered by the presiding judge in a case submitted to him for decision without a jury, merely adds : “To which decision of the court the defendant excepted, and now excepts and assigns the same as error,” does not contain a special assignment of error, and consequently does not present any question which this court can lawfully consider. Fidelity & Deposit Co. v. Anderson,…