Burdine v. Sewell

OPINION.

Campbell, Circuit Judge

(after stating the facts).

The appellant did not file assignment *of errors. The appellees.have not moved the court to dismiss because of this omission. An examination of the entire record indicates that there is merit in the appeal, and this court will not, ex mero motu, dismiss the appeal because of this technical omission. *■

The appeal is taken from a final decree rendered after consideration of the case upon bill of complaint, answer and testimony. There being no assignment of errors, we will proceed to consider the case as a whole, as shown from the record,…