Cain

The appeal in this case was taken to this court, and an opinion rendered and filed; but it appearing upon a petition for transfer to the supreme court that the action was one in equity, of which the appellate jurisdiction is in the supreme court, the petition for transfer was granted upon that ground. The case was subsequently by the supreme court transferred to this court for decision.

After a careful re-examination of the record and briefs, we are satisfied with the views expressed in our opinion heretofore filed, to which we adhere. That opinion is as follows:

In the petition for transfer to the supreme court we note that several points are made which were not theretofore raised. These we think are without substantial merit; but in any event points raised for the first time in a petition for rehearing or for transfer will not be considered. (Payne v. Treadwell, 16 Cal. 221 ; Kellogg v. Cochran, 87 Cal. 192 , [12 L. R. A. 104, 25 Pac. 677 ] ; San Francisco v. Pacific Bank, 89 Cal. 23 , [ 26 Pac. 615, 835 ].)

The judgment and order are affirmed.

Lennon, P. J., and Richards, J., concurred.

A petition to have the cause heard in the supreme court, after judgment in the district…