Millar

Katherine Millar brought this action against James Millar for separate maintenance. Millar answered denying the validity of the marriage, and by way of cross-complaint alleged that his consent thereto was obtained by fraud. He asked that the marriage be annulled. Judgment was given for him, annulling the marriage. The appeal is taken by plaintiff from the judgment and the order denying her motion for a new trial, and also from an order denying her motion for a further allowance of costs and counsel fees.

Millar died after the judgment had been entered and pending the appeal.

It is earnestly contended that the evidence was not sufficient to sustain certain findings of the trial court. The sufficiency of the evidence to sustain the findings of the trial court cannot be reviewed on the record before us.

It is settled by a long line of decisions of this court that the question of the sufficiency of the evidence to sustain the findings cannot be considered on appeal from a judgment where the bill of exceptions relied on contains no specification of insufficiency of evidence. The same thing is true as to an appeal from an order denying a new trial where the appeal is based on a bill…