Crane

The appeal is from “the judgment entered in the above-entitled court on the fourth day of February, A. D. 1916.” We have searched through the record in vain to find such a judgment, or, indeed, any judgment. There is none.

We do not know to what appellant' refers when, in its notice of appeal, it says it “hereby appeals . . . from the judgment entered ... on the fourth day of February, A. D. 1916, ’ ’ unless it be the findings and conclusions of law, which, for some unaccountable reason, bear the indorsement, “Entered February 4th, 1916. ’ ’ [1] These, however, do not constitute a judgment. (Miller v. Sharpe, 54 Cal. 590 ; Thompson v. Lynch, 43 Cal. 482 .) The clerk’s certificate certifies that “the foregoing transcript on appeal is correct and contains a true copy of the judgment-roll in the action.” In the absence of anything to the contrary, we must assume that the clerk’s certificate states the truth; if it does, then the transcript “contains a true copy of the judgment-roll.” [2] Since no judgment appears in the judgment-roll as printed in the transcript, the only possible conclusion is that, as yet, no judgment has been given or made. There is therefore nothing from which…