Garin

An appeal is pending in this court from a judgment of dismissal entered after the trial court had sustained, without leave to amend, defendants’ demurrer to a petition for a writ of certiorari. The transcript on appeal contains a copy of the petition, demurrer thereto, the minute order sustaining the demurrer, the judgment, the notice of appeal therefrom, and the clerk’s certificate. In this motion for diminution of the record respondents ask that the appellant he required to include in the transcript on appeal a copy of the writ and return thereto which they assert they filed in response to said writ.

It appears without dispute that the entire proceedings in the superior court were confined to the hearing of the demurrer to the petition and that upon the sustaining of that demurrer the court dismissed the proceedings. If the return had been before the court and had been considered for the purpose of reviewing the proceedings of the respondents, the judgment would have' been one of affirmance of those proceedings rather than a dismissal of the action. (Sec. 1075, Code Civ. Proc.) On an appeal from a judgment in certiorari either affirming or annulling the proceedings of an…