McCain

This, is an appeal from an order denying a motion to vacate and set aside a judgment rendered against the plaintiffs, who were not present, in person or by counsel, at the time of the trial, based upon the surprise and excusable neglect of plaintiff. The appeal was not taken upon a bill of exceptions nor was a record perfected pursuant to section 953a et seq. of the Code of Civil Procedure. However, there is appended to the transcript on appeal a stipulation of counsel designated “certificate of attorneys” which is in the following language:

Other than the foregoing certificate there is no authentication of the transcript. We infer from this record that the motion was based upon three affidavits, two of which are signed by. counsel for plaintiff and are incorporated in the record, but the record does not disclose whether or not any or all of these affidavits were presented to the court below upon the hearing of the motion, nor does it appear what other evidence, if any, was submitted to the court. The minute order appealed from is as follows:

We do not believe the record before us is sufficient. While section 951 of the Code of Civil Procedure provides that on appeal from an…