Cox v. Hayes

Black, J. —

The court below, at the request of appellant, rendered a special finding of facts with its conclusion of law thereon, and the correctness of the conclusion is questioned by the assignment of errors. The appellant has also assigned as errors the overruling of his demurrer to the second paragraph of reply, and the overruling of his motion for a new trial.

It is urged in argument that the evidence was not sufficient to sustain the finding; but upon examination we find that the evidence, without conflict therein, sustained the finding.

The court stated the facts in substance as follows:…