Sather Banking Co. v. Arthur R. Briggs Co.

The plaintiff appeals from a judgment in favor of defendant F. M. Butler, and from an order denying its motion for a new trial. Our attention has been invited by appellant to a consideration of its bill of exceptions both on the appeal from the judgment and from the order, but we cannot consider it for either purpose. The appeal was taken more than sixty days after the entry of the judgment, hence it cannot be used on appeal from the judgment. (Code Civ. Proc., sec. 939.) Neither can it be considered on the appeal from the order, because it contains no specifications of insufficiency of evidence to justify the findings, no assignments of error in any particular, and none appear on the face of the bill. (Leonard v. Shaw, 114 Cal. 69 ; Sprigg v. Barber, 122 Cal. 573 .)

We are thus limited to the sole question, whether the judgment of the lower court is sustained by the findings. The facts found are, that on December 11, 1889, the defendant, the Arthur R. Briggs Company, was a corporation, having among its directors and stockholders the other defendants, Arthur R. Briggs, F. M. Butler, and C. E. Knapp. On that day the defendant Butler delivered to the plaintiff bank an instrument in…