Haight

Action for a partnership accounting in which findings and judgment were in favor of defendant. Plaintiff appeals from the judgment and an order denying him a new trial.

1. Plaintiff asked the court below to find upon certain issues which he contended were presented by the pleadings, and which he deemed material; his request was refused and he took an exception, which he now seeks to have reviewed as an error of law.

No such practice is recognized by our present method of procedure provided by the. code. (Lamb v. Harbaugh, 105 Cal. 680, 692 .) It is the duty of the court to find upon all the material issues, regardless of any request of the parties, and a failure in that respect is ground for a new trial to the party aggrieved as “ a decision' against law.” (Knight v. Roche, 56 Cal. 17 ; Spotts v. Hanley, 85 Cal. 168 .) In this case, however, plaintiff did not include that as one of the grounds upon which a new trial was asked, and the error, therefore, if such there be, does not arise upon the record.

2. It is claimed that the evidence does not support the findings in several particulars, but this objection we are likewise precluded from reviewing for want of any sufficient…