Sandoval

The plaintiff brought an action in conversion against the defendant; he obtained a judgment, and thereafter he moved for a new trial and the motion was denied and he also made a motion to vacate the judgment and that motion was denied. After the judgment was entered and before the motion for a new trial was ruled on the trial court made an order that a certain stipulation and the report of a referee should be filed as of May 18, 1921, one week before the judgment was ordered. The defendant served a paper purporting to be a notice of appeal from each and all of said determinations, including the judgment and each of said orders. The appeal was taken under the provisions of section 953a of the Code of Civil Procedure. The appellant has brought up the clerk’s transcript, but has not brought up a transcript of the reporter’s notes or any paper purporting to be a bill of exceptions. On the fifth day of January, 1921, Carroll Allen, Esq., as attorney for plaintiff, and Frank P. Jenal, Esq., as attorney for defendant, entered into a stipulation, “Whereas the issues of fact raised by the complaint and answer in this case requires the examination of long accounts on both sides, and…