Harrison

This is an appeal by the plaintiff from an order, granting the motion of defendant, H. D. Cousins, for an order changing the place of trial of the action from the city and county of San Francisco to the county of San Bernardino.

Respondent objects to the hearing of the appeal upon its merits, and asks that the appeal be dismissed for the reason that there is no proper record before this court, in that the papers used or claimed to have been used on the hearing of the motion are not authenticated by being incorporated into a bill of exceptions as required by rule XXIX of the supreme court.

The transcript on appeal filed in this court contains no bill of exceptions, nor any record made up in accordance with the provisions of section 953a of the Code of Civil Procedure.

The transcript does contain what purport to be copies of various papers, including the complaint, affidavit of merits of H. D. Cousins, including certain exhibits, designated by the letters A, B, C and D, attached thereto, notice of motion for change of venue, demand for change of venue, demurrer of H. W. Hutton, (copy of) certificate of clerk of superior court of San Bernardino county as to correctness of…