Cherry v. Andrews

Winborne, J..

Plaintiffs challenge, on this appeal, the correctness of the judgment from which appeal is taken, on several grounds. However, after careful consideration of each exception, we are constrained to hold that error of sufficient import to justify disturbing the judgment is not shown.

I. The first and second exceptions may he treated together. They relate (1) to the overruling of plaintiffs’ motion for judgment on the report of the referee, and (2) to the submission of the first issue. It is contended that no issue was submitted in defendants’ exception on the finding of fact No. 5, —…