Nevin

Appellant has moved for a diminution of the record on appeal, whereby he seeks to have incorporated in it a duly certified copy of his notice of appeal, and certified copies of various documents and account books by which he maintains it is shown that a jury trial was waived by the parties.

The notice of appeal is a necessary part of the record in order that this court may be enabled to assume jurisdiction of the appeal. As it is a document which may be certified by the clerk alone, the motion to make it a part of the record is granted and the certified copy presented with the motion for diminution of the record is ordered filed. (Lapique v. Kelly, 67 Cal. App. 531 [ 228 Pac. 355 ].)

As will appear in our consideration of the appeal from the judgment, the other documents which appellant desires incorporated in the record could have no bearing on the final determination of this appeal. The motion for diminution of the record as affecting all copies other than the notice of appeal is denied'.

Appellant objected to a trial by jury at the time the case was called in the department of the presiding judge for assignment to a trial court. He renewed his objection in the trial…