Sheakley

The complaint sets forth a written contract, relating to the transfer of certain shares of the capital stock of the Hercules Manufacturing Company, a corporation, by plaintiff to defendant, the plaintiff claiming that the shares were merely a pledge to secure the payment of money advanced by defendant to pay certain assessments on said shares, the defendant claiming in his answer that the intention of the contract was to effect a sale, and praying its reformation so that it would correctly express such intention. The court found the facts to be in accordance with defendant’s contention and rendered judgment against plaintiff. Judgment was made and entered March 23, 1907, and plaintiff appealed therefrom on April 6, 1909, more than two years after the entry thereof.

The appeal from the judgment cannot be considered, and may be dismissed. (Brownlee v. Rainer, 147 Cal. 641 , [ 82 Pac. 324 ].)

On the appeal from the order denying plaintiff’s motion for a new trial, neither the sufficiency of the pleadings nor the findings in support of the judgment can be considered. (Kaiser v. Dalto, 140 Cal. 167 , [ 73 Pac. 828 ]; Holmes v. Warren, 143 Cal. 457 , [ 78 Pac. 954 ].)

No errors of…