Order Granting New Trial—Review upon Appeal—Notice op Motion not Made Part op Record—Presumptions.—Upon appeal from an order granting a new trial all presumptions are in favor of the order, and where the notice of motion is not made part of the record by a statement or bill of exceptions it cannot be considered, and the ' order will be affirmed on any presumed ground of the motion upon which it could be based.

Id.—Recitals and Reasons por Order.—Recitals in the order granting a new trial as to the showing made constitute no part of the order, and the reasons given by the court for its action are immaterial.

Id.—Action for Trespass—Order Granting New Trial, op Limited Issues—Other Lands—Finding Outside Issues.—In an- action of trespass in the cutting down and removal of timber upon specified lands, where damages were given for the cutting of timber upon part of such lands, a new trial could not properly be granted upon limited issues involving the right of possession, trespass upon, and injury to land as to which no relief was granted, or as to which the complaint and answer presented po issues. A finding outside the issues is not ground for new trial.

Id.—Cross-Complaint—Issues—Finding—Failure to Find—Grounds for New Trial.—Where issues ¡were joined upon a cross-complaint in such action to quiet the title of the defendant against the claims of the plaintiff, although there may be a question as to the propriety of it, especially in regard to property not described in the complaint, yet, the subject-matter thereof being within the jurisdiction of the superior court, the court could grant a new trial upon any statutory ground, both of an issue joined upon the cross-complaint as to lands upon which the court made a finding, and also for failure to find upon a material issue joined upon the cross-complaint as to other lands not described in the complaint.