O'Connor

It is alleged in the complaint, substantially, that on the first day of September, 1891, the *529 defendant was indebted to the plaintiff in the sum of nine hundred and thirty-seven dollars and fifty-five cents for work and labor theretofore done and performed by plaintiff at defendant’s instance and request, in grading on Laguna street, between Clay and Washington streets, in the city and county of San Francisco; and that defendant has refused to pay said sum or any part thereof. By the answer of the defendant each allegation of the complaint is specifically denied.

The cause having been tried without a jury, the court found that the defendant was indebted to plaintiff for the alleged work and labor, including interest in the sum of six hundred and eighty-seven dollars and ninety-one cents, for which sum, with costs, judgment was rendered against defendant.

The defendant appeals from the judgment on the judgment-roll containing a bill of exceptions; but the bill of exceptions specifies no particular in which it is claimed that the evidence admitted is insufficient to justify the decision, and therefore raises no such question.

1. Defendant’s motion for nonsuit was not made on…