First Nat. Bank of San Rafael v. Philippine Refining Corp. of New York

Appellant brought an action for the conversion of 7,159 gallons of denatured alcohol valued at $4,152. After written stipulation, the ease was tried by the court without a jury on August 28, 1930, and submitted to the court for its decision. On December 12,1930, the court entered an order for judgment as follows: “Ordered that the plaintiff take nothing, and that the defendant have judgment for its costs of suit. Let judgment be entered accordingly.” The same day judgment was entered in accordance with the order, and the appeal is taken from that judgment.

Appellant contends that the uneontro-verted evidence justified and required a judgment in its favor, and presents the evidence, for our consideration by a bill of exceptions.

The appellee objects to the consideration of the bill of exceptions or the question of the sufficiency of the evidence to justify the judgment in its favor for the reason that that question was not presented to the trial court at the proper time for its determination and that no exception is shown by the record upon which such a contention can be predicated in the appellate court. It appears from the bill of exceptions that at the close of the evidence…