Hawkins

Action to recover a sum of money alleged to he due as rental under the terms of a lease.

Plaintiff sues as assignee of the lessor of the property, and it is alleged in the complaint and so found that Hawkins and Eager, the defendants,, are assignees of the original lessee.

Judgment went for plaintiff, from which and an order denying his motion for a new trial defendant Eager appeals.

The appeal is presented upon a record prepared and certified in accordance with the provisions of section 953a of the Code of Civil Procedure, designated as the alternative plan of appeal. Under this section no printed transcript of the record is required. “In filing briefs on said appeal the parties must, however, print in their briefs, or in a supplement appended thereto, such portions of the record as they desire to call to the attention of the court.” (Code Civ. Proc., sec. 953c.) No attempt whatever is made by appellant to comply with this provision, and the meager references to the evidence, such as “Rep’s trans., pp. 41-45, lines 13 to 6,” made in his brief are unintelligible. It is the duty of attorneys who choose this method of appeal to comply with the provisions of the act governing the…