Wolcott

This is a petition for a writ of mandate directing the Honorable John L. Hudner, Judge of the superior court in and for the county of San Benito, to certify to the truth and correctness of a reporter’s transcript in accordance with the provisions of section 953a of the Code of Civil Procedure.

Petitioner is one of the defendants in the case of Callaway et al. v. Wolcott et al., a case brought in the superior court in and for the county of Los Angeles and which was there tried before respondent, who was sitting in one of the extra sessions of that court. The plaintiffs in that action recov ered- judgment. From that judgment the petitioner in this proceeding took an appeal to the supreme court. It was his intention to bring up a record on appeal prepared under the alternative method, so called, i. e., under the method provided for by section 953a of the Code of Civil Procedure. Petitioner neglected, however, to file the necessary notice with the clerk within the ten-day period prescribed by that section to entitle him to a certified transcript of the reporter’s phonographic report of the trial. Because of this remissness on his part petitioner presented a motion under section 473…