Fraser

The writ of review in this case was issued by the District Court to the Judge of the Municipal Court of Appeals of San *645 Francisco, to bring up for review the record and proceedings in an action which was heard and determined by that Court, on appeal from the judgment of a Justice of the Peace. The record before us presents some irregularities in respect to the direction of the writ to the Judge instead of the Court, and in respect also to the return which is made by the Judge instead of the Clerk; but these irregularities may be deemed to have been waived.

The transcript which is required to be certified to the Court for review, is a transcript of the record and proceedings in the action—if it be an action—in which it is alleged that the Court has exceeded its jurisdiction, and a transcript of such record and proceedings constitute the return, and the only return that can be considered under the writ. The only record returned to the District Court consists of a copy of the judgment rendered in the action, and a copy of an entry in the register of actions. There is appended thereto certain clerical entries in the minutes of the proceedings of the Court, consisting of the…