Cavanaugh

This is an appeal from a judgment and order denying a new trial in favor of the plaintiff in an action brought to recover a balance alleged to be due upon a building contract.

The plaintiff sued as the assignee of the contractors. The defendant in his answer alleged that during the progress of the work certain materialmen and laborers served upon him the notice provided for in section 1184 of the Code of Civil Procedure, to the effect that they had performed labor and furnished material to said contractors during the course of construction of the building. He thereupon moved the court for an order bringing these parties into the case. The court denied said motion, and it is of this order that the appellant first complains. It is apparent, however, that this court has no sufficient record before it upon which to review this order, since the defendant appears to have taken no exception thereto, nor to have prepared any bill of exceptions showing what papers or other evidence were used by the trial court upon the hearing of the motion, and properly certified to by the judge thereof as being the papers and evidence so used, as required by rule XXIX of this court, [ 160 Cal. lvi , 119…