Barnabee
Barnabee v. Hunstock
Opinion
Lead Opinion
Sloane, J.
The plaintiff in this action appealed from an order of the trial court denying her motion to vacate a judgment against her. The matter is presented at this time on respondent’s motion to affirm the order appealed from, on the ground that the record on appeal contains no bill of exceptions, nor reporter’s transcript certified by the judge who tried the cause and made the order, as is provided by section 953a of the Code of Civil Procedure.
The record on appeal presented here consists of a clerk’s transcript containing the judgment-roll, together with certain papers and records purporting to have been used in the proceedings subsequent to judgment on the motion to vacate. These additional records consist of plaintiff’s notice of motion, minutes of the court reciting that “plaintiff’s motion to vacate the judgment heretofore entered herein having 'been heretofore argued and submitted is now denied,” and notice to clerk to prepare a transcript, which requests that, in addition to the judgment-roll, there be inserted therein “a copy of plaintiff’s notice of intention to move for vacation of judgment therein, and the proceedings and order, of court denying said motion.” This transcript…