Staacke

The appellants’ appeal from the judgment in this case has been dismissed: 137 Cal. 307 , 70 Pac. 171 . The matter now before the court for consideration is their appeal from the order denying their motion for a new trial.

In the notice of motion for a new trial, appellants assign, among other grounds, errors of law occurring at the trial, excepted to by such parties, and insufficiency of the evidence *29 to justify the decision. The bill of exceptions, however, contains no specification on the ground of errors of law. The so-called specification of insufficiency of the evidence is in the following form: “The evidence is insufficient to justify the finding,” followed by a statement of what the finding contains; and this is repeated in the same language' in reference to each of the twenty-two different findings. The code requires: “When the exception is to the verdict or decision, upon the ground of the insufficiency of the evidence to justify it, the objection must specify the ‘particulars’ in which such evidence is alleged to be insufficient”: Code Civ. Proc., sec. 648. The specification in this case clearly does not comply either with the code or repeated decisions of this…