Berthiaume

This is an appeal from a judgment and from an order denying a new trial upon the judgment-roll and a statement of the case.

The defendants in this action are husband and wife. Plaintiff’s first cause of action is founded upon the allegation that the defendants became indebted to the firm of Stone & Smith for services rendered at their special instance and request of the value of $595.

Plaintiff’s second cause of action alleged the indebtedness of the defendants to Carmichael, Bray & Co., a corporation, in the sum of $139.50 for goods sold and delivered1 to the defendants at their special instance and request.

Prior to the commencement of the action these claims were assigned to plaintiff.

The answer of the defendants denied all of the material allegations of the plaintiff’s complaint, and by way of counterclaim alleged that the firm of Stone & Smith was indebted to them in the sum of five hundred dollars for goods sold and delivered.

Judgment was rendered and entered against the defendants for the sum of $387.75 upon findings of fact which, among other things, declared that the defendants became indebted to the partnership firm of Stone & Smith in the sum of four hundred…

The petition for a hearing of this cause in the supreme court after judgment in the district court of appeal for the first district is denied. We deem it proper, in view of the character of the points made in support of the application, to again state that in cases directly appealable to a district court of appeal under express provision of the constitution, this court, in determining whether a hearing shall be had in this court after decision by a district court of appeal, will not consider any alleged fact not fairly shown on the face of the opinion of such district court of appeal. In other words, we accept the opinion as correctly showing the facts. As said by us in Burke v. Maze, 10 Cal. App. 211 , [ 101 Pac. 441 ]. “In such cases a rehearing in this court is granted only when error appears upon the face of the opinion of the appellate court, or when a doubtful and important question is presented upon which we desire to hear further argument.” We repeat the following observation made in Burke v. Maze: “We think it not inappropriate to suggest to members of the bar that they engage in a fruitless labor in petitioning for a rehearing in this court of a cause properly appealed…

This is an appeal from a judgment and from an order denying a new trial upon the judgment-roll and a statement of the case. The defendants in this action are husband and wife. Plaintiff's first cause of action is founded upon the allegation that the defendants became indebted to the firm of Stone Smith for services rendered at their special instance and request of the value of $595. Plaintiff's second cause of action alleged the indebtedness of the defendants to Carmichael, Bray Co., a corporation, in the sum of $139.50 for goods sold and delivered to the defendants at their special instance and request. Prior to the commencement of the action these claims were assigned to plaintiff. The answer of the defendants denied all of the material allegations of the plaintiff's complaint, and by way of counterclaim alleged that the firm of Stone Smith was indebted to them in the sum of five hundred dollars for goods sold and delivered. Judgment was rendered and entered against the defendants for the sum of $387.75 upon findings of fact which, among other things, declared that the defendants became indebted to the partnership firm of Stone Smith in the sum of four hundred dollars for…