Duff

Upon a former trial of this action the court rendered its decision in favor of the plaintiffs for a portion of the property involved, and in favor of the defendant for another portion. Both parties moved for a new trial, and the court below denied the motion of the defendant and granted that of the plaintiffs, limiting the new trial to the determination of a single issue. From these orders, and the judgment against them, the defendants appealed, and this court affirmed the orders and judgment appealed from. ( 87 Cal. 104 .) When the cause again came on for trial in the court below, the defendant, Robert P. Duff, asked leave to file an *3 amended answer, which was refused by the court, and this ruling is now assigned as error. The answer which was presented, and which he asked leave to file, did not, however, present any new issue, or any defense to the action which was not embraced in the original answer, and the court did not err in denying his request to file it.

At the trial the court excluded certain evidence offered by the appellant, and it is now urged by him that under the order for a new trial he was at liberty to offer any evidence which would tend to establish his…