Bender v. Thompson

Atkinson, Presiding Justice.

In a, suit for equitable foreclosure of a contractor’s lien on realty, involving appointment of a receiver, the judge refused at the trial the defendant’s request for submission to the jury of stated questions of fact on which to base a special verdict. A verdict for the plaintiff was returned. The defendant made a motion for a new trial. While the motion was pending the defendant came by direct bill of exceptions in -which the only assignment of error was on the refusal to submit the questions of fact on which to base a special verdict. Held, that the exception…