Ramsbottom

The defendants have appealed from an order denying their motion to set aside and vacate the judgment and order denying a new trial and to perpetually stay execution on said judgment. The respondent urges that the points made in support of their appeal cannot be considered, for the reason that they have failed to bring to this court a record of the matters upon which the action of the superior court was based.

Section 951 of the Code of Civil Procedure provides: “On appeal from a judgment rendered on an appeal, or from an order, except an order granting or refusing a new trial, the appellant must furnish the court with a copy of the notice of appeal, of the judgment or order appealed from, and of papers used on the hearing in the court below.”

Rule XXIX of this court is as follows: “In all cases of appeal to this court, from the orders of the superior courts, the papers and evidence used or taken on the hearing of the motion must be authenticated by incorporating the same in a bill of exceptions, except where another mode of authentication is provided by law.”

Tliis rule was adopted subsequent to the decision in Somers v. Somers, 81 Cal. 608 , and, it may be assumed, was made in…