Oberkotter v. Spreckels

Plaintiff appeals from a judgment based on an order dismissing the action for lack of diligent prosecution. The record on. appeal was not brought up under the so-called alternative method, and the printed transcript contains no copy of any bill of exceptions. This is pointed out in the opinion filed by us when denying respondents’ motion to dismiss the appeal (63 Cal. App. 683 [219 Pac. 1010]). Since no bill of exceptions appears in the printed record, we may properly consider naught but the judgment-roll— that is, naught but the pleadings, the orders made on demurrer, and the judgment of…