Park v. Prendergast, Smith & Co.

FINLEY, Associate Justice.

Conclusions of Fact.—The conclusions, of fact of the trial judge are approved and adopted by this court.

Conclusions of Law.—The first assignment of error presented in brief of plaintiffs in error is as follows: “ The court erred in giving judgment for Prendergast, Smith & Co. against the said Ada B. McCain, executrix,, etc., and in holding their lien superior to plaintiffs’, because there was no-such pleadings filed by said Prendergast, Smith & Co., setting up a new promise in writing, as would authorize the judgment in their favor against said executrix.”

Plaintiffs’…