Locke

Plaintiff had judgment in an action to recover for work and labor performed, etc., in plowing, grading, and leveling a certain tract of land situate in the county of San Joaquin, and the defendant Silva appeals.

The appellant assigns five specific errors, as reasons for reversal of the judgment herein, to wit: 1. Error of the trial court in allowing amendments to pleadings to conform to the proofs; 2. Errors of the trial court in admitting evidence; 3. Error in denying appellant’s motion for a non-suit; 4. That the findings of fact and conclusions of law are not supported by the evidence; 5. That the judgment of the court is not justified by the pleadings, by the findings of facts, or conclusions of law.

Before referring to the alleged errors of the court, reference may properly be had to section 4y2 of article VI of the constitution, wherein it is provided that “no judgment shall be set aside, or new trial granted, in any case, on the ground of misdirection of the jury, or of the* improper admission or rejection of evidence, or for any error as to any matter of pleading, . . . unless, after an examination of the entire cause, including the evidence, the court shall be of the…