Albertsen

This case is presented to us for determination upon the preliminary objection made by the respondent that there is no sufficiently authenticated record of the proceedings before us to enable us to pass upon the merits of the appeal. In our opinion this objection must be sustained. The appeal is from an order allowing alimony, counsel fees, and costs pendente lite in an action brought to annul or declare void a marriage between the parties to the action. The appellant, after giving notice of appeal, served upon the clerk the notice required by section 953a of the Code of Civil Procedure for the purpose of having a transcript on appeal prepared as required by that section. This, however, not being an appeal from a judgment, but from an order, and being, therefore, an appeal in a case in which there is no judgment-roll, the appellant was .required by the express provisions of section 953a to insert in his notice to the clerk an enumeration of the particular papers and records which he desired incorporated in the transcript. This the appellant did not do, but only gave to the clerk the notice in the form required by section 953a in cases where the appeal is from the judgment—cases,…