Kammerer

This is an appeal from an order of the superior court of Sacramento County denying the application of defendants, Guiseppe Marino, Charlie Roparty, also known as Charles Rafti, and Steve Earner, for leave to amend their notice to the clerk to prepare papers on appeal. It appears from the transcript that, after the trial had been had and judgment entered in the above-entitled action, the defendants, last above named, desiring to appeal therefrom caused to be filed with the clerk of said court on the fifteenth day of May, 1923, the following notice, to wit:

Subsequently to said date it was discovered that said notice did not ask for a copy of the reporter’s notes of the testimony and on the nineteenth day of June, 1923, the defendants and appellants in this action served notice that on the twenty-fifth day of June, 1923, they would move the trial court for an order permitting them to amend their notice to the clerk of the above-entitled court to prepare papers on appeal herein by adding thereto a request to prepare a transcript of the testimony offered or taken, evidence offered or received and all rulings, instructions, acts or statements of the court, also all objections or…