Clune

This action was brought to recover an amount of money alleged to be owing to the plaintiff by the defendant. After hearing the evidence introduced on behalf of the plaintiff, the trial court, on motion, ordered judgment of nonsuit, which was duly entered. This appeal was then taken from that judgment. The appeal was taken under the alternative method; the typewritten transcript of the judgment-roll and evidence comprising more than two hundred pages.

The appellant in its opening brief, in order to illustrate the argument made, refers to various parts of the record and testimony by reference to the typewritten transcript, giving the page thereof, but prints no portion of that testimony in the brief, except one letter which is shown to have passed from the defendant to the plaintiff. Respondent urges the objection that under such a condition of the brief of appellant, the points made for reversal are without sufficient showing as to the state of the record to entitle them to be considered. Under the provisions of the statute regulating appeals under the alternative method, we are compelled to agree wholly with this contention. Section 953c of the Code of Civil Procedure, referring…