Baroteau

This is an appeal by plaintiff from á judgment in favor of defendants, and from an order denying its motion for a new trial.

The notice of the motion for a new trial is based alone upon “ insufficiency of the evidence to justify the decision”; and all the questions raised by the appellant rest upon the insufficiency of the evidence.

Respondents contend that there can be here no review of the evidence, because: 1. The appeal from the judgment was not taken' until more than sixty days after it was rendered; and 2. That appellants’ notice of intention to move for a new trial was not given in time: Both of these contentions must be sustained. As to the appeal from the judgment, it clearly appears, and is not denied, that it was not taken until more than sixty days after the rendition of the judgment. The facts as to the notice of intention to move for a new trial are as follows: The findings which constitute the decision were filed' May 12, 1894. Three days afterward, to wit, on May 15th, the appellant served and filed a notice of a motion, as follows: “ That the court having filed its findings in this case, plaintiff moves the court to modify and set aside the findings of fact and…