Macomber

(after stating the facts as above). Plaintiff filed numerous assignments of error. Several are based upon rulings admitting testimony to which rulings exceptions were reserved; others upon the law as stated in the opinion of the District Judge; others upon several of the findings of fact to which no exceptions were taken before the final action of the court; another upon the ground that the court failed to make a finding as to a matter alleged to be material; others upon certain of the conclusions of law, and one upon the award of judgment in favor of defendant on the ground that the notes sued upon were collateral security to the claim of the Maeomber Company. But, of the matters included in the assignments, few are before us for review, for it is thoroughly well established that, where a jury is waived and trial is had to the court and special findings are made, in the absence of a request for special findings of fact and of exceptions reserved, based on the ground that special findings made by the court have no evidence to support them, and of exceptions to the conclusions of law drawn by the court from the facts found, the appellate court cannot review the decision of the…