Appeal—Order Granting New Trial—Review—Support of Judgment. —Upon an appeal from an order granting a new trial, in the absence of an appeal from the judgment, the sufficiency of the complaint and findings to support the judgment cannot be reviewed.

Id.—New Trial—Decision against Law.—A new trial is a re-examination of an issue of fact; and the only cases in which the ground that the decision is against law may be urged upon motion for a new trial are where it constitutes a reason for the re-examination of an issue of fact, and where the court has failed to find upon a material issue raised by the pleadings. The moving party cannot be granted the right to re-examine an issue of fact to correct a wrong judgment upon facts correctly determined.

Id.—Failure to Find upon Issue—Ground not Urged.—The failure to find upon a material issue is not ground for a new trial, if not specifically urged, as a particular in which the decision is against law, in the statement, 'nor if there is no evidence in the record on such issue.

Trespass—Injunction—Insolvency op Dependants—Presumption— Immaterial Issue.—In an action to enjoin a trespass upon the lands of plaintiff in constructing a wall thereon, where the court fails to find upon the alleged insolvency of the defendants, they will be presumed solvent; but even if they are solvent, they will not be permitted to forcibly enter upon plaintiff’s land, dig up the soil, and place a brick wall thereon to the exclusion of the plaintiff from the possession thereof; and the failure to find upon the issue as to their alleged insolvency is not material.

Boundaries—Monuments—Courses and Distances.—In determining the boundaries ■ of city lots the lines as originally located on the surface must govern; and a line shown by monuments as platted by the city authorities and acquiesced in for many years must control courses and distances, and cannot be overturned by measurements alone.