Lapique

Application by John Lapique for a writ of mandate to compel the respondent judge to certify, to the correctness of a reporter’s transcript made pursuant to the demand of said Lapique, against whom judgment had been entered in an action wherein he was defendant, from which judgment he has an appeal pending in the supreme court. After alternative writ issued and an answer filed by the respondents, this matter has been submitted upon evidence taken by this court.

The judgment was entered on the eighteenth day of December, 1917. Within ten days thereafter, Lapique served and filed Ms notice of intention to move for a new trial, and filed his notice to the clerk requesting a reporter’s transcript.

[1] The petition herein alleges that the court reporter made a transcript and certified to the truth and correctness thereof; that thereafter, on July 2, 1918, petitioner believed said transcript to he full, true, and correct, and that on that day respondent judge, who tried the case, made an order settling and allowing said transcript as a part of the record, but that said order was made without notice having been given as required by section 953a of the Code of Civil Procedure; that on or…