Kovacevich

An appeal from a judgment denying a petition for a writ of mandate.

Appellant, who was a stockholder in respondent corporation, sought by the proceeding to compel the issuance of a financial statement, as provided by section 302a of the Civil Code. A demurrer with an answer to the petition were filed by the respondent corporation. The answer denied certain of the material allegations of the petition. The demurrer was sustained with leave to amend, and subsequently an amended petition was filed, to which respondent corporation on October 20, 1927, again demurred, filing therewith its motion to strike out portions of the amended petition.- Thereafter on November 4, 1927, the court made and entered the following order or judgment, from which the plaintiff appealed: “In this action, good cause appearing to the court, it is ordered that the petition for writ of mandate be and the same is hereby denied.” The appeal was taken on the judgment-roll without a bill of exceptions or the transcript provided by section 953a of the Code of Civil Procedure other than the clerk’s transcript of the papers constituting the judgment-roll. The certificate attached thereto enumerates the matters…