Petzenka v. Dallimore

We do not need to discuss the first, second, or third assignments of error, for counsel for appellant (defendant) has not alluded to either of them in his brief, nor were they referred to on the oral argument. Nor has he pointed out wherein the court erred in denying his motion to dismiss at the close of the evidence for plaintiff, as asserted in the fourth assignment. And if by the fifth assignment of error he intended to attack any of the specific findings of fact — 21 in number — as not supported by the evidence, the assignment was wholly insufficient. An assignment “that the decision was…