Dodge

The action is for claim and delivery of certain raisin-trays. The action was brought by the plaintiff, as assignee of Henry Hamel, against the defendant- Carter. Before the trial William G. Cohen intervened, claiming to be the owner and entitled to the possession of the property in question, which claim was denied on the part of the plaintiff by answer to such complaint in intervention. The court found in favor of plaintiff, and entered judgment accordingly.

The appeal is taken from the judgment upon a bill of exceptions. The appeal, however, having been taken more than sixty days after the rendition of the judgment, objection or exception to the findings and decision on the ground that the same is not supported by the evidence cannot be considered. (Code Civ. Proc., 939, subd. 1.)

The principal point urged by the appellants on appeal is, that a motion for nonsuit, on behalf of the defendant and intervener, at the close of the plaintiff’s evidence on the trial, should have been granted. The raisin-trays in question— the property in controversy—were delivered to the defendant Carter on and in pursuance of the following agreement:—

The trays in question were the property of H.…