Ariasi

This was an action at law tried by the court without a jury by written stipulation of the parties. At the close of the testimony neither party challenged the sufficiency of the testimony to support a judgment in favor of the other, and no request of any kind was made for findings, either general or special. Later, the court, by written memorandum, ordered a judgment in favor of the plaintiff and against each of the defendants in a sum certain and directed the plaintiff to prepare findings and conclusions. Pursuant to this order, the plaintiff submitted findings. The defendants interposed objections to the findings submitted by the *580 plaintiff and proposed counter findings, and later amended counter findings. The court adopted the findings submitted by the plaintiff and entered judgment thereon in accordance with its previous memorandum. That judgment has been brought here for review.

The defendant in error earnestly insists tfiat this court cannot consider the sufficiency of the testimony to support the findings in favor of the plaintiff below, because there was no challenge to the sufficiency of the testimony to support such findings during the progress of tbe trial; but this…