Fripp

On July 2, 1930, the trial court made findings and on the same day it caused a judgment to be entered against certain defendants in the above-entitled action. On August 20, 1930, the defendant Hogan made a motion to set aside his default and vacate the decree. His motion was denied on August 28, 1930, and thereafter on August 30, 1930, he appealed from the judgment and the order. On September 19, 1930, the defendant gave notice that he had appealed and asked for a transcript. (Code Civ. Proc., sec. 953a.) The transcript was certified by the county clerk on October 10, 1930, but when presented to the trial judge, acting on the objection of the plaintiffs, he refused to certify the transcript. The refusal was under the facts clearly correct. (Title Ins. etc. Co. v. California etc. Co., 168 Cal. 397 [ 143 Pac. 723 ].)

In his brief the defendant bases all of his points on his objections to the ruling made refusing to set aside his default. But, by reason of the plaintiffs’ objections to the record which is before us, those points may not be considered by this court.

However if we were at liberty to act on the record before us it would be necessary to enter the same judgment. In…