State v. One Certain Automobile

The ease was tried below on the equity side of the court. For that reason the court declined to rule in the course of the trial upon any question of alleged error. The only ruling made was the entry of the final decree after the submission of the ease. Whether the case was properly tried on the equity side in the court below is a question which was not raised by either party, and was therefore waived, under Section 10949. It necessarily follows that the case is still on the equity side on this appeal and that it is therefore triable de novo and not on mere error of rulings.

The intervener was…