
    Chevallier and another v. Whitaker.
    Where there was no assignment of errors, and the counsel for the appellee argued some of the questions raised on exceptions taken in the court below, bub presented also the ground that errors in the judgment, for want of an assigment, were waived, it was considered as a motion to dismiss for want of an assignment of errors, and the appeal was dismissed accordingly.
    Appeal from Nacogdoches.
    
      J. M. Ardrey, for appellants.
    
      S. P. Donley, for appellee.
   Hemphill, Ch. J.

In this case there was no assignment of error, as required by law. The appellee argues some of the questions raised on the exceptions taken in the court below, but presents also the ground that errors in the judgment, for want of assignment, have been waived. This may be considered'‘as a motion on his part to dismiss for the want, of an assignment of errors, and this is accordingly granted.

Appeal dismissed.  