Ellis

Findings and judgment in this case were in favor of defendants, and plaintiff moved for a new trial on a statement of the case, specifying, among other things, insufficiency of the evidence to justify the findings. At the hearing of the motion for new trial the defendants moved the court to disregard the statement of the case and the specifications of insufficiency of the evidence therein, upon the ground that the specifications were insufficient to authorize the court to review the evidence; which motion the court granted to the extent of disregarding, and, in effect, striking out six of the several specifications relied upon by plaintiff. The plaintiff then moved the court for leave to amend his statement, by correcting and restating said speci *296 fications, which motion the court denied. Thereupon, the court upon the statement thus emasculated heard the motion for new trial, and denied the same. The plaintiff appeals from said several orders and from the judgment.

1. A careful examination of the specifications objected to satisfies us tiat the action of the court in disregarding them was erroneous; that, while perhaps inartificially expressed in some respects, they were in…