Sather Banking Co. v. Arthur R. Briggs Co.

The plaintiff appeals from a judgment in favor of defendant F. M. Butler, and from an order denying its motion for a new trial. Our attention has been invited by appellant to a consideration of its bill of exceptions both on the appeal from the judgment and from the order, but we cannot consider it for either purpose. The appeal was taken more than sixty days after the entry of the judgment, hence it cannot be used on appeal from the judgment. (Code Civ. Proc., sec. 939.) Neither can it be considered on the appeal from the order, because it contains no specifications of insufficiency of…