Gellert v. Bank of California, National Ass'n

Since the record does not contain a bill of exceptions the only facts before this court are those admitted by the pleadings filed by the plaintiff and by the defendant bank and those recited in the findings of the trial court: Kay v. Portland, *16879 Or. 147, 151 (154 Pac. 750); and therefore this court can consider only whether the second amended complaint alleges a cause of action and whether the findings together with the admitted facts support the judgment: Humphry v. Portland, 79 Or. 430, 434 (154 Pac. 897); Frazier v. Cottrell, 82 Or. 614, 616 (162 Pac. 834); Kapischka v. Tillamook Hotel Co.,…