Newmire

Plaintiffs prosecute this appeal from an order granting defendants’ motion made upon a statement of the case, for a new trial.

In addition to other grounds urged in support of a reversal, appellants insist that the order must be reversed for the reason that, while the notice of the motion designated as grounds therefor the insufficiency of evidence to justify the decision and errors of law occurring at the trial, the statement fails to specify such errors or the particulars in which the evidence is alleged to be insufficient, as required by subdivision 3 of section 659 of the Code of Civil Procedure, which section further provides that, “if no such specification be made, the statement shall be disregarded on the hearing of the motion.” It is unnecessary to cite authorities in support of this proposition. The only question is whether the statement contained such specifications, for if it did not, then clearly the action of the trial court in making the order was unwarranted. As appears from the transcript, it contains, first, the judgment-roll as certified by the clerk, following which is the engrossed statement, which,, as printed, covers nearly one hundred pages of matter, all…