Lake

Application for a writ of mandate to compel the respondent to authenticate a transcript on appeal. Upon the filing of the petition an order was issued requiring the respondent to show cause, if any he had, why an alternative writ of mandate should not issue. No alternative writ has been issued. The matter is submitted on a general demurrer to the petition.

It appears that in an action in ejectment in the superior court in and for the county of Alameda, wherein the Central Savings Bank of Oakland was plaintiff and the petitioners herein were defendants, a judgment was rendered and entered against said defendants and their appeal therefrom is pending in this court. In due time the defendants filed with the clerk of the superior court a notice to prepare the record on appeal. The notice requested the preparation of a transcript “of the testimony offered or taken, evidence offered of received, and all rulings, instructions, acts or statements of the court, also objections and exceptions of counsel and all matters to which the same relate,” as provided for in section 953a of the Code of Civil Procedure. In attempted compliance with the requirements of subdivision 2 of section VII of…