Nye

This action was brought to recover damages for an alleged wrongful eviction from one of defendant’s street-cars. At the conclusion of the evidence offered by plaintiff, defendant "moved for a non-suit, which was granted, and judgment was entered against the plaintiff, who thereafter gave notice of his intention to move for a new trial upon a statement of the case. The statement was thereafter prepared and settled, and upon the hearing the motion for a new trial was denied.

This appeal is from the judgment, and the order denying said motion.

Respondent makes the point that the judgment and order must be affirmed: the first, because no error appears upon the judgment roll; and the second, because there are no specifications of error of any kind, either of law or fact, in the statement on motion for a new trial.

Appellant’s notice of intention to move for a new - trial forms no part of the judgment roll, nor .is it incorporated in the statement. It is inserted in the record after the statement, but as its insertion was improper, it is no part of the record. (Pico v. Cohn, 78 Cal. 384 ; Richardson v. City of Eureka, 92 Cal. 64 ; Bohnert v. Bohnert, 95 Cal. 445 , and cases there…