63 P. 780 | Cal. | 1901
This is an appeal from an order denying defendant's motion for a new trial in cause No. 1670, this day decided upon appeal from the judgment. *500
While the original appeal (Carpy v. Dowdell,
The property which may be designated as the Chevalier wine was not included in the judgment of foreclosure. Hence in view of the law as declared in this cause upon appeal from the judgment, no error was committed by the trial court in rejecting the evidence bearing upon that transaction, for this evidence of Chevalier and others was not material upon the question of estoppel other than as to the Chevalier wine. Neither did it tend to establish a novation.
For the foregoing reasons the order appealed from is affirmed.
Harrison, J., and Van Dyke, J., concurred.
Hearing in Bank denied.