Crescent Feather Co. v. United Upholsterers' Union, Local No. 28

Appeal from Order Denying New Trial—Complaint and Findings Cannot be Considered.—Upon an appeal from an order denying the defendants a new trial the appellate court cannot consider either the sufficiency of the complaint or of the findings to support the judgment.

Injunction—Picketing by Labor Union—Finding Unsupported by Exuden ce. — In an action brought by a manufacturing corporation against a labor union and some of its officers and members to obtain an injunction restraining the defendants from interfering with the plaintiff in the conduct of its business by stationing pickets in the neighborhood of plaintiff’s place of business, or otherwise molesting or interfering with any person or persons transacting business with the plaintiff, where the evidence entirely fails to show that the pickets had ever come in contact with or influenced any one desiring to deal with the plaintiff as a customer, and had not been stationed at or near the plaintiff’s place of business for a week prior to the commencement of the action, a finding that such pickets “are still engaged in the acts complained of” is not sustained by the evidence, and an order refusing the defendants a new trial asked for on that ground will be reversed.