Stiles v. Bodkin

This is an appeal from a judgment cancelling promissory notes and a deed of trust on property of Henry G. Bodkin and Ruth Bodkin to whom we will refer as the defendants. Plaintiff has attempted to appeal from an order denying his motion for new trial. Such an order is not appealable. (Code Civ. Proc., sec. 963.)

The appeal is on the judgment roll. In the absence of the evidence we must presume, “in support of the judgment, that every necessary element of the case, which is not refuted by the judgment-roll, was adequately proved”. (E. E. McCalla Co. v. Sleeper, 105 Cal. App. 562 [288 Pac. 146].)