NICHOLS, J.
1. There is a motion to dismiss the writ of error on grounds that the assignment of error therein made is not sufficiently definite, relates to evidence not identified by the trial judge, assigns error on the whole of a judgment consisting of findings of law and fact, and refers to other parts of the record. The following statements are made in the writ of error: "After hearing argument of counsel for both parties in said case the
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