Wheatley v. City of Fairfield

Before the trial of the consolidated causes, it was agreed that the court should rule on objections to testimony : that is, that the trial should proceed in accordance with the method of trial applicable to ordinary actions.

The appellant in its brief and argument makes n.o claim that the court erred in the equitable action, and under the Rules of this court, any error claimed to have been made by the court which is not argued in the argument in chief shall be deemed to have been waived. We will, therefore, proceed at once to determine the matters urged for reversal in the condemnation…