WYMAN v. MUNICIPAL COURT OF CITY COUNTY OF SAN FRANCISCO (1951)

In its petition for rehearing appellant asserts that no trial was had in the Superior Court and that no opportunity to present evidence other than the two exhibits was accorded it. The burden is on appellant to present a record showing these asserted errors. Vaughn v. Jonas, 31 Cal.2d 586, 601, 191 P.2d 432; Palpar, Inc. v. Thayer, 83 Cal.App.2d 809, 189 P.2d 752.

The appeal was taken on the clerk's transcript and the rough and permanent minutes of the Municipal Court introduced into evidence by respondent on a hearing before the Superior Court held on March 8, 1950. The minutes of the Superior Court for that day as they appear in the clerk's transcript read (omitting the description of the two exhibits):

‘In this action with respective counsel present, the counsel for respondents introduced exhibits in evidence as follows:

‘Whereupon after discussion of respective counsel, the court ordered the return to the petition for writ of prohibition and to alternative writ of prohibition submitted on briefs.’

The judgment recites: ‘An alternative writ of prohibition * * * having heretofore issued herein, and the same having come regularly before this court for hearing * * * and the matter having been fully presented and submitted to the court for decision * * *.’

We find nothing in the record to support the assertion that no trial was had and no opportunity to present further evidence accorded to respondent.

The petition for rehearing is denied.

PER CURIAM.