Abbott

Varney Brothers Co. v. Abbott

Good Law
1919 Cal. App. LEXIS 228·39 Cal. App. 721·179 P. 894
Court of Appeal of CaliforniaFebruary 13, 1919Civ. No. 2562.California487 words

Opinion

Lead Opinion

Conrey, J.

The appeal of the defendant H. S. Abbott from the judgment in this case is presented upon a typewritten reporter’s transcript and a typewritten clerk’s transcript under the alternative method of presenting records on appeal. It has been held many times by the supreme court and by the several district courts of appeal that those courts will not search the typewritten transcripts where the parties have failed to “print in their briefs, or in a supplement appended thereto, such portions of the record as they desire to' call to the attention of the court.” (Code Civ. Proc., sec. 953c.) In this case no part of the clerk’s transcript containing the judgment-roll has been printed, and the evidence is very incompletely set forth in the briefs. In the brief for appellant it is said that “the solitary ground of appeal is that the evidence is insufficient to sustain the findings.” But counsel have not set out any part of the pleadings so as to show what were the issues; have not set out the terms of any of the findings; have not pointed out the particulars in which the evidence is insufficient to sustain any one of the findings.

Appellant informs us that the judgment was rendered upon an…

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