82 P. 954 | Or. | 1905
The plaintiff had judgment in a trial be.fore the court, a jury being waived. An estoppel by way of former adjudication was pleaded in the reply to certain matters of defense set up in the answer.' The court made a specific finding as to the estoppel, and the only assignment of error upon which the appellant now relies is with reference to such finding. No bill of exceptions was settled or filed in the cause, and the case is here wholly upon the findings of fact and conclusions of law rendered by the circuit court and the judgment entered in pursuance thereof. The respondent now moves to dismiss the appeal, and for reasons thereof urges that, there being no bill of exceptions in the record, no questions are presented for our determination.