Rhode

The plaintiff’s complaint purports to state two causes of action.which he describes as being “in assumpsit”. The case went to trial on the second amended complaint under a stipulation that all allegations therein should be deemed to be denied without the filing of a written answer. The court made its findings of facts and entered judgment that the plaintiff take nothing. From this judgment the plaintiff appeals. We have before us the judgment-roll and a bill of exceptions.

When we eliminate from the grounds of appeal, as set forth in the opening brief of appellant, those which assume that matters are in the record which are not there, the points which remain are all, either directly or in their nature, claims or arguments wherein appellant attempts to show that the evidence was insufficient to sustain certain findings of fact. Turning to the bill of exceptions, we find that it contains no specification relating to sufficiency of the evidence other than the general specification “that there is insufficiency of evidence to justify the decision”. Where there are specific findings, a general specification in the bill of exceptions that the evidence does not support “the findings” is…