Opinion
Department 1. Appeal from superior court, King county; Justin Jacobs, Judge.
Action by one Rhoads and others against one Gray and others. From a judgment in favor of defendants, and from an order denying a new trial, plaintiffs appeal. Affirmed. COUNSEL
Horace L. Smith, for appellants.
J. A. Hannah and M. L. Short, for respondents.
OPINION
PER CURIAM
At the hearing of this cause the appeal from the order denying a new trial was dismissed for want of an undertaking upon such appeal, the $300 undertaking for costs which was filed herein reciting only that it was in consideration of the appeal from the judgment. Duncan v. Times-Mirror Co., 109 Cal. 602, 42 P. 147. The only [5 Cal.Unrep. 665] ground urged by the appellants in support of the appeal from the judgment is that the evidence was insufficient to sustain certain findings of fact; but, as the appeal was taken more than 60 days after the rendition of the judgment, we are precluded from the examination of that question. Code Civ. Proc. § 939. The judgment appealed from was rendered February 14, 1896, and the appeal therefrom was taken November 5, 1896. The judgment is affirmed.