Elizalde

This is an action against the sureties on an administrator’s bond, by his successor in office, to recover the balance found upon an accounting to be due from said administrator to the estate of the deceased. Plaintiff, being dissatisfied with the amount of the judgment in favor of the estate, appeals from an order of the superior court denying her motion for a new trial. This is the second appeal taken by plaintiff based upon the alleged improper allowance by the trial court of items of credit on behalf of defendants.

On the former appeal ( 4 Cal. App. 117 , [ 87 Pac. 245 ]), the judgment of the trial court was reversed because of the improper allowance of two items then before the court, and a new trial ordered. Under the law of the case declared with respect to them, and the failure of respondent to appeal, these two items have passed out of consideration, but two other allowances made on the second trial are claimed by appellant to have been erroneous. One of these (hereinafter spoken of as the Dargie note) was considered by this court, in connection with the findings of the trial court made and' the evidence given upon-the first trial, and it is contended by respondents that…