Price

Action to foreclose a mortgage. Plaintiff had judgment. Defendants appeal from the order denying their motion for a new trial. There is no appeal from the judgment. Neither the sufficiency of the complaint nor the sufficiency of the findings to support the judgment can b¿ reviewed on this appeal. (Jenkins v. Frink, 30 Cal. 586, 596 , [ 89 Am. Dec. 134 ]; Shepard v. McNeil, 38 Cal. 72 ; Roberts v. Eldred, 73 Cal. 394, 398 , [ 15 Pac. 16 ].) It was said in Moore v. Douglas, 132 Cal. 399 , [ 64 Pac. 705 ]: “The appeal from the judgment, not having been taken in time,, cannot be considered; and the appellant’s contention that the complaint failed to state a cause of action, and that the demurrer to the same should have been sustained, also that the judgment is not supported by the findings, and that the findings are contradictory and inconsistent with the pleadings, cannot therefore be considered, there being no appeal from the judgment.” (Citing cases.) We may, however, look into the bill of exceptions to determine whether the evidence is sufficient to sustain the findings and also to determine whether any prejudicial errors of law were committed at the trial. (Churchill v. Flournoy,…

I concur in the foregoing modification as far as it goes. I also think there should be a rehearing.

Action to foreclose a mortgage. Plaintiff had judgment. Defendants appeal from the order denying their motion for a new trial. There is no appeal from the judgment. Neither the sufficiency of the complaint nor the sufficiency of the findings to support the judgment can be reviewed on this appeal. ( Jenkins v. Frink, 30 Cal. 586 , 596, [ 89 Am. Dec. 134 ]; Shepard v. McNeil, 38 Cal. 72 ; Roberts v. Eldred, 73 Cal. 394 , 398, [ 15 P. 16 ].) It was said in Moore v. Douglas, 132 Cal. 399 , [ 64 P. 705 ]: "The appeal from the judgment, not having been taken in time, cannot be considered; and the appellant's contention that the complaint failed to state a cause of action, and that the demurrer to the same should have been sustained, also that the judgment is not supported by the findings, and that the findings are contradictory and inconsistent with the pleadings, cannot therefore be considered, there being no appeal from the judgment." (Citing cases.) We may, however, look into the bill of exceptions to determine whether the evidence is sufficient to sustain the findings and also to determine whether any prejudicial errors of law were committed at the trial. ( Churchill v. Flournoy,…