TOWNER SAVAGE v. FERDINAND G. MARESCH

Mr. Justice Langford

concurred specially as follows:—

I agree that the case ought to be affirmed on trial on the merits.

Mr. Justice Hoyt

delivered the opinion of the court.

This is a case at law. There has been a total disregard of the provisions of rule 5 of this court, as there has been no attempt made to file or serve an assignment of error as therein required; and as appellant does not ask to be relieved from the consequences of his default, the motion to dismiss the appeal herein must be granted. Turner, J., concurred.