Baldwin, J.
No exceptions were taken to the special *502finding of the court upon the evidence. The plaintiff appeals from the conclusion of the court upon the evidence, and asks this court to say that such finding was wrong. No motion for a new trial was made so as to bring the errors assigned before us for our determination. Upon the authority of Pace v. Warner, 10 Iowa 391" court="Iowa" date_filed="1860-04-18" href="https://app.midpage.ai/document/warner-v-pace-7091995?utm_source=webapp" opinion_id="7091995">10 Iowa 391, this judgment should be affirmed. See also Corneo Co. v. Gaston, Ib. 512.
Affirmed.