Knight v. Roche

Ross, J.:

When this cause was before Department Ko. 1, it was determined upon the theory that there was an appeal from the *17judgment as well as from the order denying the motion for a new trial. It was stated in the brief of counsel for appellant that the appeal was taken from the judgment as well as the order, and the cause was argued as if such were the case. The Department was thus led into the error of supposing that there was an appeal from the judgment. On the petition of the respondent for the hearing of the cause by the Court in bank this mistake of fact was first made known to us. The…