Golish

The plaintiff appealed under the alternative method from an order vacating a default judgment, whereupon a purported transcript was forwarded to the clerk of this court as required by sections 953a, 953b and 953c of the Code of Civil Procedure, without the certificate of authentication of the trial judge. The appellant has moved that it be returned for preparation, examination and approval in the superior court in accordance with said sections.

The clerk’s certificate recites that the contents of the transcript are “full, true and correct copies” of the originals, but it does not appear that it contains all of the papers filed below. The asserted grounds of the motion are that through no fault of appellant, the clerk and judge inadvertently neglected to obtain its authentication as a full, true and fair transcript of all the proceedings. However, it is shown by affidavit of the clerk, and is uneontradieted, that upon demand of appellant’s counsel a copy of the transcript as originally served upon counsel for the respondent was recalled, and a portion of the same was removed. Further, that:

Although it appears from the same source that respondent had repeatedly expressed a desire…