Center
People v. Center
Opinion
lead Opinion
Departmentmckee, J.
Counsel for respondent has argued the application in this case as though it was an action of mandamus; but it is not, and therefore the authorities to which he refers are inapplicable.
The application is a motion for an order on the County Clerk of the City and County of San Francisco to compel him, upon payment of his lawful fees, to certify to the correctness of the several documents contained in a printed transcript presented to him for his signature, as a transcript on appeal in this case.
It is objected, by way of answer to the affidavit on which the motion is made, that the so-called transcript is not correct; that it does not conform to §§ 950, 951, and 952 of the Code of Civil Procedure, and that the Judge of the Superior Court, from whose judgment the appeal in this case has been taken, has *237 made an order forbidding the Clerk to certify to the correctness of the transcript.
But the order of the Superior Judge is void, because it was made in the action after an appeal had been taken from his judgment and orders, and while the same was pending in this Court on appeal, and because a court from which an appeal has been taken is not authorized to say what papers shall…