Nathan

Viewing the appeal as one only from the judgment and conceding the correctness of the contention that we are foreclosed, because of a technical imperfection of the record before us, from considering the sufficiency of the evidence to support the trial court’s findings of fact, nevertheless we are of the opinion that that record, consisting of the judgment-roll and the bill of exceptions prepared and presented in support of the purported appeal from an order denying a new trial, will, when considered as a single record supporting the appeal from the judgment, suffice to warrant and enable a discussion and decision of the correctness of the trial court’s order denying the plaintiff a new trial.

The record shows that the judgment was made and entered on the twenty-seventh day of January, 1914; that notice of appeal therefrom was served and filed on May 1, 1914; that respectively on April 14 and 15, 1914, the plaintiff served and filed his notice of intention to move for a new trial, which specified that such motion would “be made upon a bill of exceptions to be thereafter prepared,” and designated as the grounds of the motion (1) the insufficiency of the evidence to justify the…