McLaren v. Hards

MYERS, J., pro tem.

Plaintiff appeals from a judgment in favor of defendants and from an order denying his motion for a new trial.

Appellant informs us in his brief that this was a creditor’s suit under sections 3439, 3441, and 3442 of the Civil Code to avoid and set aside alleged voluntary and fraudulent conveyances from defendant J. Fred Hards to a Mrs. Slatter, and from the latter to defendant Beatrice E. Hards, wife of the first-named defendant. From statements in his brief we gather that appellant predicates his appeal upon claimed insufficiency of the evidence to support certain findings of the court below. The record comes to us under the “alternative method” in typewritten transci'ipts. Neither the findings nor any part thereof is printed in appellant’s brief; nor is there

[105]

printed any portion of the pleadings framing issues to which such findings would he responsive.

The reporter’s transcript covers 133 typewritten pages. The only portion thereof printed in the brief is the following:

“Hards testified on direct examination as follows: Q. What was the consideration of the transfer [to Mrs. Slatter] ? A. There was none. Q. What was the property conveyed from Mrs. Slatter to Mrs. Beatrice E. Hards for? What was the consideration for that? A. There was no consideration. Q. Well, now, by no consideration, do you mean what? A.

No monetary consideration.

(Rep. Tr., p. 66,1. 8,) ” Mrs. Hards, on cross-examination, testified as follows: “Q. Did Mrs. Slatter pay you or Mr. Hards anything for that property? A. No, sir. Q. Did you pay her anything for the deed to the San Pedro lot? A. No, sir. (Rep. Tr., p.. 99, 1. 14.) ”

It is apparent that there is nothing here which is necessarily inconsistent with a finding in favor of the defendants upon the question of a valuable consideration, if such an issue was framed and such finding made.

The law with respect to appeals under this method expressly requires that “in filing briefs on said appeal the parties must, however, print in their briefs, or in a supplement appended thereto, such portions of the record as they desire to call to the attention of the court.” (Code Civ. Proc., sec. 953c.) This court and the supreme court have frequently pointed out that they cannot be expected to and will not search through typewritten transcripts for matter which parties have neglected to print in their briefs, as this section requires them to do. (See