Hoyne v. Wurstner

OPINION

By HORNBECK, P. J.

This appeal is noted as upon questions of law and fact but all proceedings since that time have treated the appeal as one upon questions of law. There is a bill of exceptions duly settled and allowed, assignments of error are filed and it is so briefed. We, therefore, consider and decide the appeal as upon questions of law.

Five errors are specified but they all may be encompassed in one, namely, that the evidence submitted on the issues does not support and is manifestly against the finding and judgment. The amended petition in substance asserts that the plaintiff at…