Houghton Co. v. Kennedy

This is an action in claim and delivery to' recover possession of certain property taken from the possession of plaintiff by defendants. The property sued for consists of an engine and boiler, a bunk-house, shafts and piping, fencing, sheds, a Howe scales and a centrifugal pump.

Plaintiff recovered judgment for the possession of all of said property, and defendants have appealed to this court from the judgment and the order denying defendants’ motion for a new trial. The only point relied on for a reversal of either the judgment or the order is the insufficiency of the-evidence to sustain the findings of fact that at the time of the bringing of the suit plaintiff was the owner and entitled to the possession of the property sued for.

Inasmuch as the appeal was not taken from the judgment until more than six months after the- entry thereof, it cannot be considered. (Code Civ. Proc., sec. 939.) This is of no practical importance, however, as the point relied on is. fully presented by the appeal from the order denying the motion for a new trial, the reversal of which would have the effect of vacating the judgment.

All of the property at one time belonged to defendant J. W. Kennedy.…