Edward Terry Sanford

“ It is urged that the action of the Circuit Court of Appeals in stating that the assignments of error related only to the special findings and in failing to consider the assignments relating to the rulings of the court during the trial, is to be explained by the fact that all the assignments of error except those relating to the special findings had been waived, under the rules of the court, by the failure of the defendant to set them forth in the specifications of error contained in its brief. ”

“ This presented a question of law which is reviewable-just as a motion by the plaintiff at the close of a trial without the intervention of a jury, for a declaration that he is entitled to judgment, presents a question of law which is reviewable by the appellate court. ”