Potter

Plaintiff appeals from the' judgment and from an order made after final judgment. The pleadings, findings, and judgment are identical with those in Potter v. Spaulding, ante, p. 692, [ 170 Pac. 1061 ], Plaintiff gave notice of a motion under sections 663 and 663a of the Code of Civil Procedure to vacate the judgment and to enter another and different judgment, which motion was denied. The appeal from the order appears in part to be an attempt to have reviewed an order refusing to settle his bill of exceptions. The remedy is by mandamus and not by appeal. (Brode v. Goslin, 158 Cal. 699, 701 , [ 112 Pac. 280 ].) Besides, no bill of exceptions is in the record, and hence it cannot be determined whether or not the court erred. A bill of exceptions appears in No. 1739, above referred to, brought up on the appeal of defendant United States Land Company. In that appeal, plaintiff here is respondent. Plaintiff claims the right to resort to that bill of exceptions in support of his appeal from the order denying his motion to have the judgment vacated and another and different judgment entered. Where no reference is made in the record to a bill of exceptions in a separate transcript brought…