Oberkotter

Plaintiff appeals from a judgment based on an order dismissing the action for lack of diligent prosecution. The record on. appeal was not brought up under the so-called alternative method, and the printed transcript contains no copy of any bill of exceptions. This is pointed out in the opinion filed by us when denying respondents’ motion to dismiss the appeal ( 63 Cal. App. 683 [ 219 Pac. 1010 ]). Since no bill of exceptions appears in the printed record, we may properly consider naught but the judgment-roll— that is, naught but the pleadings, the orders made on demurrer, and the judgment of dismissal. It is from these, and from these only, that we must learn of the facts which confronted the trial court when it granted defendants’ motion to dismiss the action.

The following are the facts as shown by those parts of the printed transcript which we may consider: The action is one to recover damages for an alleged libel. Plaintiff filed his complaint June 7, 1919. A demurrer thereto was sustained November 3, 1919-. An amended complaint was filed by plaintiff November 13, 1919. A demurrer to the amended complaint was overruled and defendant answered January 5, 1920. The case was set…