Conner

This is an appeal from a judgment against a surety company to recover damages which were sustained as the result of an automobile casualty.

The plaintiff secured" a judgment against the defendant surety company for the sum of $1340 as indemnity for damages sustained in an automobile collision. The insured machine was towing a trailer at the time the accident occurred. The policy contains the following exemption clauses “This policy does not cover ... (b) damage or expense while the automobile ... is operated, maintained or used . . . for towing or propelling any trailer, vehicle or implement.”

The judgment was rendered January 26, 1931. Notice of the entry of judgment was served on counsel for the defendant by mail February 4th, pursuant to section 1012 of the Code of Civil Procedure. The receipt of this notice is not disputed. The affidavit of service was defective. A new and adequate affidavit of service of the notice of entry of judgment was subsequently filed. This amended affidavit is not certified as a part of the record on appeal. The respondent now asks for a diminution of the record to include this amended affidavit. This motion should he granted. The amended affidavit…