Tench

These are appeals from a judgment against Eliza McMeekan and the order denying her motion for a new trial, and are presented in one transcript.

The action grows out of the same general state of facts as were involved in the case of Elizabeth Tench v. Eliza McMeekan (No. 877), ante, p. 14, [ 118 Pac. 476 ], the appeals in which were this day decided by this court.

The present action was brought to recover .the balance remaining of the money referred to in the opinion filed in the other action.

Isadora Brandt and her husband F. W. Brandt were made parties because the name of Isadora Brandt had been joined with that of appellant as depositor of the fund sued for, but as her name was subsequently removed from the account, no judgment was taken against her or her husband.

The facts concerning the transfer of both the money and the land are set forth in the complaint in this action substan tially as in the other, and the allegations of the complaint are supported by the same evidence.

The court made similar findings in this case as in the one to recover the land, and similar attacks are made upon the sufficiency of the evidence to support the findings, and for the reasons set forth…