Kibbe

This is an appeal by the defendants from a judgment in favor of the plaintiffs in an action to quiet title to certain real estate in the county of Los Angeles, and also from orders denying a new trial and refusing to vacate the judgment.

[1] 'The respondent, at the outset, objects to a consideration of the reporter’s transcript for the reason that the judge’s certificate is not attached thereto, in accordance with the provisions of section 953a of the Code of Civil Procedure. It is contended 4hat as only the certificate of the clerk is attached to the transcript, and as the clerk is only qualified to certify to the judgment-roll, therefore this appeal must be considered by this - court merely as an appeal upon the judgment-roll alone. We think this objection is well taken and that the appeal can be considered only upon the judgment-roll. (Christenson Lumber Co. v. Seawall, 157 Cal. 405 , [ 108 Pac. 276 ]; Knoch v. Haizlip, 163 Cal. 20 , [ 124 Pac. 997 ]; Lane v. Tanner, 156 Cal. 135 , [ 103 Pac. 846 ].) However, in the present case, as pointed out by the appellant, the consideration of the judgment-roll involves a consideration of practically all the material evidence contained…