In Re Millsap

Pursuant to notice, respondent Bar Association presented its motion that the appeal be dismissed on the ground that appellant had failed to file transcript on appeal within the time provided by law. It is true that no reporter’s transcript has been filed, but appellant did, on the twenty-first day of August, 1925, file a duly certified clerk’s transcript, which contains the judgment-roll, together with the notice of appeal and notice demanding a transcript of the testimony. On a record so made respondent is not entitled to a dismissal of the appeal, since it may be that appellant relies upon some error shown by the clerk’s transcript. (Locke Paddon v. Locke Paddon, 194 Cal. 73, 77 [ 227 Pac. 715 ].)

It further appears, however, that at or near the time of filing said clerk’s transcript appellant presented to this court a petition for an order that certain exhibits need not be copied into the reporter’s transcript, and that the clerk of the superior court be directed to produce and file herein said original exhibits, to be used at the hearing of the appeal. That application was denied, for reasons set forth in an opinion of the court. (In re Millsap, 75 Cal. App. 25 [ 241 Pac. 920…