
    1435.
    Sparks Mercantile Co. et al. v. Stone Tobacco Co.
    Appeal, from Berrien superior court- — -Judge Mitchell. September 26, 1908.
    Argued December 9, 1908. —
    Decided May 18, 1909.
    
      Hendricks & Christian, for plaintiff in error.
    
      Buie & Knight, contra.
   Russell, J.

1. The exception to the striking of a portion of the defendant’s plea is not well taken.

2. What purports to be a brief of the evidence does not bear the approval' of the trial judge. Therefore this court is not in position to consider-errors assigned upon the overruling of the motion for a new trial.

Judgment affirmed.  