Fagel v. Fagel

Dissenting Opinion.

Faulconer, J.

— I must dissent from the majority opinion which reversed the judgment on the merits for the reason that, in my opinion, no error is properly before this court.

Appellants’ motion for new trial contains two specifications, 1) the decision is not sustained by sufficient evidence, and 2) the decision is contrary to law. The only assignment of error is the overruling of the motion for new trial.

Appellants’ argument is limited to finding-No. 10.and conclusion of law No. 5.

*671Finding No. 10, which appellants argue is not sustained by-sufficient evidence, reads as…