Stevenson

The plaintiff brought this action to recover upon two policies of insurance. The case was tried with a jury, and this appeal is from the judgment rendered and entered upon a verdict which awarded the plaintiff the sum of $1,410.07 upon the first cause of action stated in her complaint, and in effect denied her the relief which she sought upon the facts stated in her second cause of action. The appeal, which was taken from the judgment only, is prosecuted under the provisions of section 941b, Code of Civil Procedure; it was taken to the supreme court' in the first instance, and by that court transferred here for hearing and determination. The record before us is the judgment-roll and a bill of exceptions which purports to contain all of the evidence adduced at the trial.

The first cause of action stated in the plaintiff’s complaint is founded upon a policy of fire insurance which called for $1,000 on the stock, and $1,000 on the furniture and fixtures of the plaintiff. To this cause of action the defendant interposed no defense.

The second cause of action was stated upon a policy of insurance for $3,000 on a stock of merchandise, which was destroyed by fire on the twenty-ninth…