Johnson v. McFry

The only assignments of error made relate to the conclusion and judgment of the trial court on a special finding of facts made by it, sitting, by agreement of the parties, without a jury. — Code, § 5359 et seq.(1) No request for a special finding of the facts was made by either party, but the court, in the exercise of its discretion, made ex mero motu such a finding, which is set out in the'bill of exceptions; and on appeal — its conclusion and judgment on the facts so specially found having been assigned as error— it becomes the duty of this court to examine and determine, in the same way as…