Devine

The appeal in this action is under the alternative method, and this is a motion by respondent for an order requiring the appellant to print and serve on respondent a supplement to the opening brief, in which shall be set forth in full all the record of the trial contained in the reporter’s typewritten transcript on file in this, ■court, and not printed in the said opening brief. The motion is made on the grounds that it appears from the opening brief that the only ground of appeal is the alleged insufficiency of the evidence to support the judgment, and that it appears from a comparison of the typewritten transcript on appeal that the appellant has failed to print in said opening brief all of the record of the evidence adduced at the trial.

[1] The respondent claims that when the appeal is on the ground of insufficiency of the evidence to support the judgment, that the appellant is required by section 953c of the Code of Civil Procedure, as amended in 1919 [Stats. 1919, p. 261], to print in Ms brief, or in a supplement appended thereto, all the evidence contained in the transcript.

With this contention of the respondent we are unable to agree. It is true that the amendment by…