People v. City of San Bernardino

The above-entitled action was one to test the validity of certain proceedings, under which a certain area adjacent to the City of San Bernardino had been annexed to said city. In the trial court a motion to dismiss was heard after notice given and a minute order was entered by the trial court granting the motion and dismissing the action. Prom this order the plaintiff appealed.

The only record before us is a “Clerk’s Transcript.” This is certified to by the county clerk, as containing full, true and correct copies of the original records on file in his office in said proceeding, consisting of the petition, affidavits,- notice of motion to dismiss, minute order dismissing action, notice of appeal, notice of appeal and request for transcript, notice of entry of judgment, notice of appeal and request for transcript. The respondent on this appeal has moved for its dismissal, one ground of said motion being that appellant has failed to furnish the requisite papers.

Where the requisite papers are not furnished by the appellant the appeal may be dismissed. (Sec. 954, Code Civ. Proe.) Rule XXIX of the rules governing this court, provides that in all eases of appeal from an order of the…