Moore

The appeal herein is presented by the defendant from a judgment rendered in favor of plaintiff: for the full amount demanded in the complaint. Since the appeal is taken on the judgment-roll alone it is conceded by defendant that, in accordance with the well-established rule, the court’s findings are conclusively presumed to be supported by the evidence produced during the trial (Ochoa v. McCush, 213 Cal. 426, 430 [ 2 Pac. (2d) 357 ]). Inspection of the findings and of the pleadings filed in the action impels us to the conclusion that the appeal from the judgment must fail. In connection with its appeal herein from the judgment, defendant, however, urges that the court erred in denying a motion for a new trial.

Judgment in respondent’s favor was rendered on March 4, 1930. Notice of entry of the judgment was given on March 7, 1930. Written notice of appeal and request for the preparation of a transcript in accordance with the provisions of section 953a of the Code of Civil Procedure was filed on March 15, 1930. Because of the death of the official court reporter who had reported a portion of the testimony given during the early part of the trial and the inability of other reporters…