delivered the opinion of the conrt.

This appeal mnst be dismissed. The District Conrt of Gruayama opened a default. The record proper does not show the entry of a note of default or of any judgment. Technically, without any such judgment or entry in the record the transcript before us is fatally incomplete justifying a dismissal. Sections 300 and 303 Code of Civil Procedure.

*548It is true that in. a statement of the ease there appears to he a note of default entered hy the secretary, hut there is. no judgment.

The motion to open up the default and the proceedings thereon do not show anything hut a note of default by the secretary. There is no entry of judgment shown even in the statement of the case and there does not appear to have been one. Prom a mere note of default the Code of Civil Procedure gives no appeal.

The appeal must he dismissed.

Appeal dismissed.