Brandenburger

This action was brought by a trustee in bankruptcy to recover the assets of a bankrupt estate consisting of a herd of cattle alleged to number eighty-five Ayrshire cows and heifers and one bull. The court found that of the cattle claimed plaintiff was entitled to sixty-five or more, and also that the defendant Edith M. Hanner owned twenty-six animals which were described by name, ear-tag numberings, and body markings. The cause is before us upon a statement on appeal or bill of exceptions by the defendant on her appeal from the judgment of the trial court awarding the plaintiff sixty-five head of cows and heifers, or more, and one bull, and also finding that the defendant was the owner of only twenty-six head of cattle.

The specifications of error are two in number and read as follows:

Notwithstanding the fact that specification of error number 1 is limited to the lack of testimony to support the words “or more,” appellant has proceeded in her brief to argue that finding number 4 is uncertain and not sufficient to support the judgment. A number of cases are cited to the effect that the findings should be clear and definite, should not be contradictory, must support the judgment,…