113 Ind. 261 | Ind. | 1887
In this case, the first error assigned by appellants, the defendants below, is, that the relator’s complaint does not state facts sufficient to constitute a cause of action.
Relator’s complaint counted upon an executor’s bond, executed by appellants and others on the 30th day of July, 1866, and conditioned that if John and Henry Hanshew should faithfully discharge the duties of their trust as executors of
In their brief of this cause, appellant’s learned counsel have failed to point out any objection, and we can see none, to the sufficiency of the facts stated in the complaint of relatrix, the substance of which we have given. The complaint would have been good, we think, even on demurrer thereto for the want of facts, and surely it is good when assailed here by an assignment of error that it does not state facts sufficient to constitute a cause of action. In fact, no allusion is made by appellants’ counsel, in their able and exhaustive argument of this cause, to the first error assigned; and, therefore, under the well settled practice of this court, such error, if it exist, must be regarded here as waived.
A number of other errors are jointly assigned by appellants, upon the record of this cause. Each of these specifications or paragraphs of error, in appellants’ assignment of
This conclusion disposes of all the errors assigned by appellants, upon the record of this cause. Ho question is prqperly presented for our decision • by any of the errors assigned except by the first error, and that, as we have seen, was practically waived.
The judgment is affirmed, with costs.