Ackerman

This is an appeal from a judgment.

Respondent, as plaintiff in this action, recovered judgment in the superior court of the city and county of San Francisco against appellant, as the defendant below, in the sum of $7,882. This judgment was -made and entered upon a judgment alleged to have been previously duly made and entered in the same court against the defendant and in favor of the plaintiff in the sum of $5,583.

Appellant’s answer in the action at bar denied specifically the allegations of plaintiff’s complaint, and, as a separate and distinct defense, alleged that the records and papers in the original action had been destroyed by fire, and set out the act of June 16,1906, providing for the restoration of court records lost, injured or destroyed by conflagration or other calamity.

Upon the trial of the present case respondent relied entirely upon oral evidence to establish the making and entry of the original judgment, and no testimony in reply thereto or contradictory thereof was offered upon behalf of appellant.

The trial court found as a fact that “on the tenth day of November, 1903, in an action brought by the above-named plaintiff against the above-named defendant,…