Bhumgara

Plaintiff M. J. Bhumgara sued to recover an amount of money alleged to be the value of certain goods, wares, and merchandise. The property is asserted to have been converted by the defendant to his own use. Judgment was in favor of plaintiff and defendant appeals therefrom. An appeal was also attempted to be taken from an order denying a motion for new trial, but under the code provision in force at the time that motion was made and ruled upon, no separate appeal was authorized to be taken from the order. (Code Civ. Proc., see. 963.)

[1] At the- trial the plaintiff asked and obtained leave to amend his complaint by adding the name of J. S. Bhumgara as party plaintiff. Appellant now claims that the granting of this permission was error. An examination of the record shows that appellant did not object to the amendment at the time. It is shown that the court offered to allow further time to answer, if appellant desired it, after the amendment adding the name of the party was made, but that appellant’s counsel replied that he did not care for any time, and, at his suggestion, it was stipulated by respondent that “if the defense is good against either one it is good against both.” We…