Lutz

This is an action in form for money had and received, to recover from defendant and appellant, an attorney at law, the sum of $500, alleged to have been received by him from the plaintiffs and respondents as their attorney, and to and for their use, and which defendant refused to repay after demand. The answer was a denial of the allegations of the complaint, except as to nonpayment. The case was tried by a jury. Verdict and judgment were for plaintiffs for the sum demanded, and from the judgment and an order denying his motion for a new trial defendant appeals.

The only question involved in the appeal is as to the sufficiency of the evidence to justify the verdict. It is objected by respondents that there is no sufficient specification of insufficiency to enable the court to look into the evidence, but we find it unnecessary to determine that objection, since we have seen fit, under the circumstances, to examine the evidence in the record, notwithstanding the objection, and en-” tertain no doubt of its sufficiency. Without stating the facts in detail, the evidence for plaintiffs tended to show that de *889 fendant had received the money in dispute under a misapprehension on the…