Hittson

This is an action to recover judgment for nonpayment of several promissory notes and attorneys’ fees, and for the arrest of defendant, and his confinement in the county jail in Los Angeles County, etc., on the alleged ground that the defendant obtained from plaintiff the moneys for which said notes were given, by false and fraudulent representations.

The defendant was personally served with summons and complaint in Los Angeles County. He failed to appear, and his default was duly entered.

On a hearing in the superior court, judgment was entered for plaintiff for the amounts due plaintiff on the promissory notes and for attorneys’ fees, hut not for the arrest of defendant. Plaintiff appeals from the judgment and “from the whole and every part thereof.” The judgment recites that the case came on for trial on the twenty-sixth day of December, 1923, “and evidence, both oral and documentary,” was introduced, and “the court having filed its findings of fact and conclusions of law, ordered the entry of the judgment.” But no findings of fact or conclusions of law were made. In support of his appeal plaintiff prepared what is designated a bill of exceptions. It recites the filing of the…