
    (115 So. 857)
    VEST v. HOLMES et al.
    (8 Div. 691.)
    Court of Appeals of Alabama.
    March 20, 1928.
    J. N. Howell, of Decatur,' for appellant.
    Sample & Kilpatrick, of Hartsells, for appellees.
   BRICKEN, P. J.

The proceeding below, as shown by the record, is essentially a civil proceeding. The cause is here submitted on motion and merits. , There being no assignment of errors on the record, the motion of appellee to affirm the judgment on those grounds must prevail. The motion is granted. Judgment affirmed.

Affirmed.  