Caldwell v. Bradford

Plaintiffs’ only exception is “to the signing and entering of the . . . Judgment”; and plaintiffs’ only assignment of error is “that the Court erred in signing the judgment, . . . and in his conclusions and findings of fact upon the evidence for that they were against the weight, and not sustained by, the evidence.”

To the extent plaintiffs’ assignment of error purports to challenge the court’s findings of fact it is not supported by exception. Moreover, it is broadside. It does not present for review the competency or sufficiency of the evidence upon which the findings of fact are based.…