124 Cal. 409 | Cal. | 1899
Action for services as physician rendered by plaintiff’s assignor, Dr. Daywalt, to the wife of defendant, at the city and county of San Francisco, from February 1, 1892, to April 1, 1894, when the patient died. Plaintiff’s counsel
1. The statement contains no assignment or specifications of errors. There- is appended to the statement, but forming no part of it, what is designated as “assignment of errors,” but it is not authenticated as part of the record and is excepted from the stipulation certifying to the contents of the transcript. There is nothing to show that it was considered on the motion for a new trial. The appeal from the order is here, therefore, without any specifications of errors, and cannot be considered. (Code Civ. Proc., sec. 659, subd. 3; Sprigg v. Barber, 122 Cal. 573, and cases there cited.)
2. The appeal from the judgment alone can be considered, and we are to determine only whether the findings support the judgment. The court found that plaintiff’s assignor attended defendant’s wife at different times “without any express agreement with her or with defendant to attend her for any stipulated length of time, or any stipulated sum of money”; that Dr. Daywalt was “free to render his account for services up to any time and collect for the same”; that he charged three dollars for each visit to the house of defendant and two dollars
Haynes, C., and Gray, C., concurred.
For the reasons given in the foregoing opinion the judgment and order are affirmed.
Harrison, J., Van Dyke, J., Garoutte, J.
Hearing in Bank denied.