Brown
Brown v. Monroe
Opinion
Lead Opinion
Craig, J.
This is a proceeding of mandmms to compel the defendant to attach his certification to a purported reporter’s transcript.
It appears that a case entitled Louis Armelin and Alice Armelin, His Wife, v. Alma Brown, Administratrix, etc., was tried in the department of the superior court presided over by the defendant, and judgment was rendered by him therein on September 20, 1921, in favor of the plaintiff; that on the 6th of the following October the defendant served and filed a notice of appeal; that on October 15, 1921, defendant in said action served and filed a notice to the clerk of the court stating that the defendant had appealed from the final judgment entered and requesting “a transcript of the following documents, to-wit: Complaint, answer, judgment, Defendant’s Exhibits 1, 2, and 3, Notice of Intention to Move for New Trial, Tender of Installment payment and interest due under Agreement of Sale of Real Estate and Notice of Appeal”; that on the twenty-sixth day of January, 1922, defendant delivered to the clerk of the said court a document purporting to be a reporter’s transcript of the trial, and asked the defendant to certify to it as provided in section 953a of the Code…