Barfield

J.—Plaintiff brought an action to cancel a deed given by her to defendant for a right of way for a water ditch, upon the ground of false representations and failure of consideration, and the answer specifically denied all the allegations of the complaint. At the trial it was stipulated in open court that the parties *119 intended the deed to transfer a mere right of way for ditch purposes, although the deed in form was a grant.

At the conclusion of plaintiff’s evidence a nonsuit iras granted as to the relief asked in setting aside and canceling the deed, and a decree was also entered that the deed be reformed in accordance with the aforesaid stipulation. That portion of the judgment as to the matters covered by the nonsuit is appealed from, upon a bill of exceptions.

It is insisted upon the part of respondent that the bill of exceptions cannot be considered, because no specifications of errors of law are embodied therein. Miller v. Wade, 87 Cal. 410 , is relied upon to support this position. But the doctrine there declared failed to receive the sanction of a majority of the court, and therefore is not authority. Upon an examination of the authorities there cited to support the…