Sullivan

Petitioners seek a writ of mandate to compel the San Francisco Superior Court, its official reporter and the county clerk to prepare, certify and transmit the clerk’s and reporter’s transcripts of two consolidated actions in which petitioners have filed a notice of appeal.

Petitioners allege as follows: On August 27, 1953, a judgment was entered in favor of the plaintiffs (petitioners were the defendants) adjudicating that petitioners’ fence constituted an encroachment on the plaintiff’s land; petitioners were enjoined from maintaining the fence and from interfering with the plaintiffs’ rights in their land; petitioners were also ordered to remove their fence from plaintiffs’ land and plaintiffs were awarded damages in the sum of $500. On October 6, 1953, petitioners filed a notice of appeal and on October 8, they filed a notice to prepare a clerk’s and reporter’s transcript. On October 9, 1953, Percy Girvin, the official court reporter, filed with the clerk a written waiver of the deposit of the reporter’s charges. On June 2, 1954, petitioners received from the clerk the Clerk’s Estimate of Cost of Preparing Transcript on Appeal. On June 11, 1954, petitioners paid $755 (the…