Price

Respondents moves that the court strike from the files the transcript on appeal herein on the ground that it is not the transcript on appeal provided for by the Code of Civil Procedure “and is not a transcript corrected as provided by the rules” of this court. The argument for this motion proceeds upon the circumstance that after the clerk’s transcript and the reporter’s transcript had been forwarded by the clerk of the superior court to the clerk of the supreme court, and before they were filed in the office of the clerk of the supreme court, where the appeal was then pending, the clerk of the supreme court permitted the attorneys for appellant to withdraw the transcripts for the purpose of having them further certified before filing. This was done two successive times before the transcripts were filed. It is not claimed that the transcripts were modified other than by the addition of further certificates. Sufficient grounds for a motion to strike the transcripts from the files do not appear.

Alternative to the motion above noted, respondent further moves for an order striking from the transcript certain described portions thereof. This motion is made upon the ground that such…