Moore

Moore v. Guajardo

Good Law
1918 Cal. App. LEXIS 242·37 Cal. App. 342·174 P. 92
Court of Appeal of CaliforniaMay 23, 1918Civ. No. 2284.California342 words

Opinion

Lead Opinion

Conrey, J.

In their brief, counsel for appellant inform us that this is an appeal by defendant from an adverse judgment rendered upon the second cause of action set out in-plaintiff’s complaint; and that “the solitary ground of appeal is that the evidence is insufficient to sustain the findings.” The record on appeal has been prepared under the alternative method, without a printed transcript. Upon an appeal presented in this manner the law presumes that, without examining the typewritten transcript, the court will rely solely upon those portions of the record which the parties print in their briefs. (Code Civ. Proc., sec. 953c; Barker Bros. v. Joos, 36 Cal. App. 311 , [ 171 Pac. 1085 ].)

Appellant has not printed with his brief a copy of his notice of appeal, nor has he printed any part of the judgment-roll. Therefore, we have not before us any of the findings which he says the evidence is insufficient to sustain. Counsel tell us in their brief that said second cause of action is one in quantum meruit for the reasonable value of lumber alleged to have been furnished to the defendant at his request, used in the erection of a certain building. They say that the evidence is insufficient to…

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