Epstein

This appeal is by the plaintiff from a judgment against him in an action upon a promissory note.

The respondent objects to consideration of the appeal, stating that the request to the clerk for clerk’s and reporter’s transcript was filed too late. This notice was dated and filed December 1, 1922. The record shows that the judgment was entered August 15, 1922. There is nothing in the record to indicate the date upon which plaintiff was served with notice of entry of judgment. Section 953a of the Code df Civil Procedure provides that the notice to the clerk requesting transcript must be filed within ten days after notice of entry of judgment. Because there is nothing in the record to disclose the contrary, we must presume that the proceeding before us is regular and that the request to the clerk was filed in time. (Sec. 1963, Code Civ. Proc.)

The plaintiff brought an action upon a promissory note for $2,450, executed and delivered by the defendants. The defendants answered, setting up that there was no consideration for the note; that there was a complete failure of consideration for the same; that plaintiff is not the legal owner and holder thereof, and that said note should have…