Arper

This is an appeal from a judgment in favor of defendant for his costs. The appeal is upon the judgment-roll without a statement or bill of exceptions.

The appellant’s point on the appeal is, that the findings are not within any issue of the case.

After alleging the assignment of the claim in suit by Prank W. Sawyer to the plaintiff, and that said Frank W. Sawyer was a duly admitted and licensed attorney at law in this state, the complaint avers that at the city of Oakland, county of Alameda, state of California, the said Frank W. Sawyer, as such attorney at law, at the special instance and request of said defendant, performed services to and for said defendant in various actions and matters, the reasonable value of which was and is the sum of $699, and that the last service performed was within two years of the bringing of the suit; that in the city and county and state aforesaid said Prank W. Sawyer purchased coal-oil of said defendant, and borrowed money of said defendant, all in the sum of $160 and no more; that said account had by and between the said Prank W. Sawyer and said defendant was a mutual, open, and current account, and the balance due from defendant, on account of…