Sweeney v. Pacific Coast Elevator Co.

The opinion of the court was delivered by

Scott, J.

The respondent objects to the consideration. of many of the matters discussed in appellant’s brief on the ground that the same were not raised in the court below, and contends that there is but one matter argued therein which is properly before this court for consideration, and that is the refusal of the court to try the matters alleged in the eighth, eleventh, twelfth and thirteenth subdivisions of appellant’s -answer, as equitable issues, or to refer the same for ■determination before a trial of the other issues by the jury.

The objection of…