Doll

The appeal is taken from the judgment, and not from the order overruling the motion for a new trial.

A statement was made by the plaintiff, on his motion for a new. trial, which was settled by the judge who heard the cause, and which it was agreed should constitute the statement on appeal. It does not contain the grounds upon which the plaintiff intends to rely on his appeal, and the parties have not stipulated that the grounds of the motion for a new trial appearing in the notice of the motion shall constitute a part of the statement on appeal. The grounds on which a party relies on appeal, so far as they relate to the matters appearing-in the statement, should in some manner appear therein. But as the respondent has made no objection to the statement on that point, the case will be considered as if the grounds in the notice were incorporated into the statement on appeal..

The first three grounds relate to the sufficiency of the evi-. dence to justify the findings of fact by the court. However *136 much we might be inclined to reverse the action of the court on that ground, and particularly in respect to the effect of the license granted to the plaintiff, yet we are unable to…