Malloye

— Appeal by defendant from a judgment, and from an order refusing a new trial.

The action is upon a foreign judgment, which it is averred “ Abel Rey & Co., a copartnership doing business in London,” before the commencement of this action, assigned to plaintiff.

The assignment is denied in the answer. The court found on this issue against the defendant, and it is now contended that the evidence is insufficient to support the finding.

It is not alleged who composed the firm of Abel Rey & Co., nor is there any proof upon that subject, except the certificate of the notary in the acknowledgment of a power of attorney under which the alleged assignment was made.

Objection was made to the admission of the power of attorney as evidence, on the ground that the proof of its execution by Abel Rey & Co. was insufficient, and that the instrument did not confer the power upon the attorney to make the assignment. A like objection was made to the instrument itself when offered. All the objections were overruled, and exceptions to the ruling noted. These rulings are here assigned as errors, and urged in connection with the same points made under specifications as to the insufficiency of the…