Neale

This is an appeal from a judgment of dismissal upon the granting of defendant’s motion for a.nonsuit. The action is a revival of one to recover judgment upon a promissory note which was the subject of consideration by this court in Neale v. Head, 133. Cal. 42, [ 65 Pac. 131, 576 ], (See, also, Neale v. Morrow, 150 Cal. 414 , [ 88 Pac. 815 ], and Neale v. Morrow, 163 Cal. 445 , [ 125 Pac. 1052 ].) In the case reported in Neale v. Head, 133 Cal. 42 , [ 65 Pac. 131, 576 ], a judgment rendered in plaintiff’s favor and an order denying the defendant’s motion for a new trial were reversed. Following the last appeal, a trial in the action was held which resulted in the judgment of dismissal.

The plaintiff appeals solely from the judgment, contending that the court erred, in several instances, in excluding certain evidence offered for the purpose of proving the testimony of material witnesses who had testified at the former trial, but who had since died. We cannot, however, consider any of these alleged errors, as there is no legal record upon which such errors can be reviewed. The only statement of the case contained in the record is one which the plaintiff attempted to prepare under…