Wheelock

This is an appeal by plaintiff from a final judgment in favor of defendants. The cause comes up on the *400 judgment-roll, and, as the appeal was not taken within sixty days after the entry of judgment, the appeal must he determined upon the questions presented by the pleadings, findings and judgment. An appeal from an order denying a new trial in the same case this day decided ( 100 Cal. 578 , 35 Pac. 317 ) contains a sufficient reference to the facts in the case, and they will not be repeated here.

The first finding is to the effect that all the allegations of plaintiff’s complaint, from the commencement thereof down to and including the averment that the moneys referred to in the complaint, viz., $7,045.89, were still in charge of the defendant bank, are true. It is objected to this finding that it is impossible to determine from it the averments found true and those not sustained. It is as comprehensive and explicit as the complaint to which it refers, and, as it finds all the averments of the complaint true down to and including a given averment, we fail to see any difficulty in determining precisely what the court means. The averments thus found true may be epitomized as…