Davies v. Phillips

This case was submitted to the court for trial without a jury, and the finding of the court was against apj>ellant and in favor of appellee.

Mo propositions of law were submitted to the court to be held by either party, and it must therefore be assumed that the court decided all questions of law which arose in the case, correctly.

The assignment of error is that the finding of the court is contrary to the Jaw and the evidence. If the court was correct in finding the issue of fact in favor of plaintiff, then the law entitled him to a judgment. So that the question here is, does the record…