Byxbee

Claim and delivery. The case was here ■once before and is reported in 47 Pacific Reporter, at page 52. The facts and law of the case as it then stood appear fully there and need not he repeated. One of the points upon which the judgment was reversed was that the evidence failed to show an immediate delivery and actual and continued change of possession by defendant in the sale and purchase under which he claimed. Upon the second trial defendant again had judgment. Plaintiff gave notice of motion for a new trial, specifying fully and particularly the grounds of the motion and stating that it would he made on the minutes of the court. The record shows that on May 12, 1897, the court made an order granting plaintiff’s motion. The statement on motion was settled and allowed by the court October 15, 1897, and consists of the proceedings had at the trial, and plaintiff’s notice of mo- lion setting forth the grounds on which it would be made. This statement and the notice of the appeal from the order, together with the judgment-roll, constitute the record.

1. Bespondent makes the point that because appellant made no specifications of any insufficiency of the evidence to justify, the…