Allen

Petition for a mandate to require the judge of the superior court to certify to the correctness of a certain transcript of proceedings had in an action in which this petitioner was defendant and one George M. Bush plaintiff. It appears from the petition that in the action of Bush v. Allen tried in the superior court, judgment was rendered against the defendant, this petitioner; that petitioner, desiring to appeal from that judgment, proceeded under what is termed the alternative method, the procedure for which is prescribed in section 953a of the Code of Civil Procedure. The petition further shows that there was no phonographic reporter present at the trial of the action referred to, and it is then alleged: “But that said cause was tried upon a stipulated statement of fact; that all of the testimony offered or taken, evidence offered or received, and all rulings, instructions, acts or statements of the court, also all objections or exceptions of counsel, and all matters to which the same relate were contained in certain papers, instruments and documents filed with the clerk of said court.” It is then set forth that petitioner, after giving a notice to the clerk of the trial court…