County of Contra Costa v. Cowell Portland Cement Co.
Opinion
Lead Opinion
Thompson, J.
ln what is designated herein "Clerk’s Transcript on Appeal”, there is set forth what purports to be a copy of each of the following, viz., (1) Complaint, (2) Amendment to Complaint, (3) Answer, (4) Amendment to Answer, (5) Forms of Special Verdicts and stipulation concerning the submission of such verdicts, (6) Findings of Fact and Conclusions of Law, filed March 13, 1928, (7) Judgment, dated and filed March 13, 1928, (8) Clerk’s Certificate, dated March 13, 1928, to Judgment (that it is a true copy of judgment rendered in the action and entered in Volume 30, Judgment Book of said court, at page 468, and further, that the papers annexed constitute the judgment-roll in said action), (9) Notice of Intention to Move for New Trial, dated March 14, 1928, and filed March 15, 1928, (10) Minute Order of Court, dated May 7, 1928, retaxing costs on defendant's motion to tax costs, also minute order denying defendant’s motion for new trial after hearing had thereon, (11) Notice of Appeal, dated May 7, 1928, from judgment rendered on March 13, 1928, in favor of County of Contra Costa and against defendant, Cowell Portland Cement Company, and from the whole thereof, (12) Notice to Prepare…