Guest v. Byington

Upon a record as confused and conflicting as was ever presented for our examination, the appellant assigns fourteen errors. From the argument it is difficult to ascertain which are and which are not relied upon, and we shall therefore give to each such attention as its importance demands.

1. A motion was made to strike the petition from the files, because it was not signed, &c. It is a sufficient answer to tbe assignment of error, touching this part of • the case, to say that the motion, was never called to the attention of the court, nor was any ruling made upon it. The presumption is that it…