Lapique

An affidavit filed b'y petitioner discloses facts tending to show that he is the appellant in a certain action pending in this court on appeal from the superior court of Orange county; that the appeal was regularly taken, and that within the prescribed time he filed with the clerk a notice of the papers which he desired certified; that the clerk in preparing the transcript of such papers omitted therefrom papers specified in the notice, none of which papers appear to have had reference to or connection with any transcript required to be signed by a judge. He alleges that the clerk’s transcript was presented to the judge and that the judge made certain amendments thereto on his own motion, and that the clerk certified the transcript as amended. He asks this court to review the action of the superior court and to compel that court to certify the omitted papers.

The only thing a judge is “required to correct, approve and certify under the new practice in lieu of a bill of exceptions is the stenographic notes of the trial containing the proceedings and evidence which would form no part of the record unless authenticated as the statute provides.” (Christenson Lumber Co. v. Seawell,…