Ames.

Petition for a writ of mandate to require respondent to certify to the correctness of a certain transcript of proceedings had in an action in which this petitioner was defendant and -one Roy H. Moore was plaintiff. It appears from the petition that in the action of Moore v. Specialty Oil Tool Co., a Corporation, tried in the superior court, judgment was rendered against the defendant, this petitioner; that petitioner, desiring to appeal from the judgment thus rendered, proceeded under the so-called alternative method, and in accordance with the provisions of section 953a of the Code of Civil Procedure filed with the court a notice of appeal from the judgment and a request for the preparation of the clerk’s transcript; that thereafter petitioner duly filed the clerk’s transcript and the reporter’s transcript on appeal and presented the reporter’s transcript to respondent for his approval; that respondent refused to certify the reporter’s transcript for the reason that the testimony and proceedings in the cause up to the hour of 11 o’clock A. M. of the first day of trial were not included in the transcript, such testimony and proceedings having been reported by a court reporter who…