Montijo

An action of forcible entry. Plaintiffs allege ownership and actual possession of lots designated as 44, 45, 46, 47 and 48 of a certain subdivision in the city of Los Angeles, and the forcible entry of defendants upon lots 44 and 45 at divers times on February 2, 1906, and at other times between that date and February 14, 1906; and that defendants blasted and tore up and carried away large portions of the soil of said lots. The prayer of the complaint is for damages only.

Judgment was for defendants, and plaintiffs appeal from the judgment and from an order denying their motion for a new trial.

It is stated in appellants’ brief that they made a motion to strike out the answer and moved for a judgment on the pleadings on the ground that the answer did not state facts sufficient to constitute a defense, but that the court denied both motions. The question is presented in the argument, although it appears from the brief that the court refused to admit a record of these motions into the statement. No bill of exceptions on this ruling appears in the transcript, and in the absence of any showing we are bound to assume that the reasons of the trial court for refusing to embody these…