Dunaway

Defendants, August Anderson and Alfred J. Anderson, in addition to their answer to the complaint, filed a cross-complaint and were awarded judgment thereon against plaintiff and the Madeline Land and Irrigation Company (a corporation), the latter having been made a defendant in the cross-complaint, for the sum of $1,242. The appeal is by plaintiff from the order denying his motion for a new trial and he states, in his opening brief, that “the propositions we submit herein are (1) The insufficiency of the evidence to support the judgment and findings thereon against T. F. Dunaway, plaintiff and appellant herein, made a defendant with the Madeline Land and Irrigation Company, by the defendants and respondents herein, in the third cause of action by way of cross-complaint, and (2) That said findings therein are against law.” The two propositions thus stated, however, simply amount to the contention that, as a matter of law, the evidence is insufficient to support the following findings of the court: “That between the 10th day of August, 1909, and the 15th day of November, 1909, the defendants August Anderson and Alfred J. Anderson, at the county of Lassen, state of California,…