Forest City Building & Loan Ass'n v. Davis

The above-entitled action was tried at October Special Term, 1925, of the Superior Court of Rutherford County.

Prom judgment rendered upon the verdict, both defendants appealed to the Supreme Court. This appeal was heard at Spring Term, 1926. Defendants’ assignments of error were not sustained. The judgment recovered by plaintiff against both defendants was affirmed. 192 N. C., 108.

Petitioner, Massachusetts Bonding and Insurance Company, now contends that this Court failed to consider and pass upon the assignment of error based upon defendants’ exception to the judgment. It contends that there…