92 Cal. 1
27 P. 1094
JOSEPH TROMANS, Appellant,
v.
HENRY MAHLMAN et al., Respondents
No. 13149
Supreme Court of California
December 19, 1891
Department Two
92 Cal. 1 at 8.
Original Opinion of November 19, 1891, Reported at 92 Cal. 1.
OPINION
THE COURT 8 A petition for a hearing in Bank having been filed, the following opinion was rendered thereon on the 19th of December, 1891:
The Court.
The petition for a hearing in Bank is denied.
In regard to the point urged in the argument and in the petition for a rehearing, that there was not in the statement on motion for a new trial any sufficient specification of the particulars in which the evidence was insufficient to sustain the findings of the superior court, we wish to add to what is said in the opinion of the commissioner, that we should not regard these specifications as sufficient, except for the fact disclosed by the statement that all the facts of the case were settled by stipulation of the parties, except the single issue of residence of the Mahlmans on the demanded premises at the date of their declaration of homestead. In other words, the specifications which are entirely too general in themselves are aided by the fact that there was but one specific issue tried.