Criswell Baking Co. v. Milligan

1. These cases grew out of the same transaction, they were tried together, and the evidence is equally applicable to either case, and the fact that the same brief of evidence, that is in form and content, was used in each case does not render such brief ineffective as not being a brief of the evidence as required by law. Besides, the ground of the motion to dismiss not having been raised in the trial court, it cannot for the first time be raised in this court. Consequently, the motions to dismiss the writs of error are without merit and are denied.

2. The description of the substance contained…