Greer-Robbins Co. v. Pacific Surety Co.

This appeal comes to us under the alternative method. The constant lapses, on the part of the profession, from a proper observance of the rules of practice governing the prosecution of appeals under this method have made it, to us and to the other appellate courts of the state, a dreadful alternative indeed. Once again, at more than a risk of repetition, we call attention to the fact that, under the method, and according to the provisions of section 953c of the Code of Civil Procedure, the parties must print in their briefs “such portions of the record as they desire to call to the attention of the court”; and that “appellate courts will not look to the typewritten transcript filed under the alternative method of appeal for the purpose of determining whether ground exists .for the reversal of the judgment appealed from.” (Barker Bros. v. Joos, 36 Cal. App. 311 , [ 171 Pac. 1085 ].)

In this case the reproduction of parts of the record in the briefs is so scant that we are enabled to pass upon the questions presented only upon an indulgence in certain assumptions which the law permits us to make. Not enough of the pleadings is printed in the briefs to enlighten us as to the char…