Nadeau
Nadeau v. Lynch
Opinion
lead Opinion
Haven, J.
Plaintiff appeals from a judgment rendered against him in an action tried' before the court without a jury, for recovery of damages resulting from personal: injuries ; and also from an order denying his motion, made under section 473 of the Code of Civil Procedure, to vacate and set aside the judgment. He further attempts an appeal from an order denying his motion for a new trial, which latter order is not appealable. The appeal is prosecuted under the method prescribed by section 953a of the Code of Civil Procedure. [1] The typewritten transcript, which was filed in attempted compliance with the above section, contains no certificate of the judge who presided at the trial to the truth and correctness of such transcript as containing the matters required by the above referred to section of the code. In lieu thereof appears a certificate of said judge to the effect that certain notices, stipulation, and affidavits set forth in said transcript “are correct and were before me and considered by me in connection with other testimony” upon the various rulings of which appellant complains. This certificate is manifestly insufficient. [2] The “other testimony” which was considered by the…