Harbaugh

The appeal is from an order granting defendant’s motion to recall and quash an execution. The judgment in the cause was rendered October 16, 1907. An attempt was made to have this judgment reviewed by the appellate court, but the appeal was dismissed on August 12. 1914. On May 20, 1915, the superior court of Lassen County, Honorable J. 0. Moncur, Judge presiding, made an order directing execution to issue on said judgment and the clerk of said superior court issued an execution under the seal of said court on the twenty-seventh day of November following. A copy of this writ is set out in the transcript. It recites that “$586.95, with interest, is now (at the date of this writ) actually due on said judgment,” and contains the usual direction to the sheriff to satisfy said judgment. Then follows in the transcript a copy of the “order granting motion to settle and quash execution.” It recites:

It is apparent that the transcript is quite incomplete, as it does not contain a copy of the notice of said motion or of the papers used on the hearing in the court below as required by section 951 of the Code of Civil Procedure. Nor is there any bill of exceptions or other document setting…