Leadbetter

Judgment went in the court below for defendants. Plaintiffs appeal from tbe judgment, bringing up only tbe judgment-roll, wbicb consists of the pleadings and the judgment. The appellants ask for a reversal upon the ground that there were no findings, and that findings were not waived. But all intendments are in support of a judgment, arid he who expects to reverse it must affirmatively show error. It has been established by a long line of decisions of this court that where the record is silent upon the subject a waiver of findings will be pr&-sumed. The fact that findings were not waived must affirmatively appear by a bill of exceptions, unless tbe judgment-roll shows it. (In re Arguello, 85 Cal. 151 , and cases there cited on page 153.)

Appellants also claim a reversal upon the ground that there was no jury trial, and that a jury was not waived. The judgment shows that the cause “came on regularly to be heard before the \ourt sitting without a jury,” and it nowhere appears that the *516 plaintiff demanded a juiy; and in snob a case the presumption is that a jury-was waived. In Montgomery v. Sayre, 91 Cal. 211 , this court say: “If the question were, did the defendant waive his…