
    No. 6925.
    Uriah French vs. Tobias Rigsby.
    Where the evidence is conflicting, that theory will be adopted which best harmonizes with it taken as a whole.
    Parties cannot evade and defeat the legal consequences of their deliberate acts upon the mere bald assertion that they were done in error. He who seeks to avoid the consequences of his acts upon the score of error must clearly shew wherein the error consists, its nature and materiality.
    Appeal from the District Court for Madison. Hough, J.
    
      Goleman for Plaintiff. E. D. Farrar and Wells for Defendant Appellant.
   Spencer, J.,

delivered the opinion reversing the judgment.  