Birkhofer

This is a motion by appellant for diminution of the record for the purpose of supplying an alleged omission in the reporter’s transcript which occurs in the answer of a witness to the following question: “What was the value of the property described in the deed of trust, a copy of which is attached to the complaint in the pending action, on the 7th of October, 1935?” The reporter’s transcript shows that the answer to the interrogation was “About $1500.00.” This proceeding seeks to correct the answer so that it will read “About $1500.00 an acre.”

The motion is supported by an affidavit of appellant’s counsel to the effect that upon reading the reporter’s transcript he discovered the omission of the two words “an acre” in the above-stated answer which appeared at page 138 of said transcript, whereupon he consulted the court reporter regarding the omission and was informed by said reporter that a check of his shorthand notes showed that the omission had occurred and that affiant then called the matter of the omission to the attention of the trial judge, whereupon the said judge and the court reporter caused a supplemental page 138 to be prepared correcting the answer of the witness…