O'Shea

The transcript contains what purports to be copies of the pleadings, order overruling the demurrer, minutes of the court, findings, and judgment, with a certificate of the clerk attached, which states that they are correct, but does not say that they constitute the judgment roll. Respondent claims that we cannot consider matters contained in these papers without a certificate of the clerk that they are copies of the records which constitute the judgment roll. This contention cannot be sustained. The code specifies what documents shall constitute the judgment roll. Except in cases of default, it is made up by attaching together “ the pleadings, a copy of the verdict of the jury or finding of the court or referee, all bills of exceptions taken and filed, and a copy of any order made on demurrer, or relating to change of parties, and a copy of the judgment.” (Code Civ. Proc., sec. 670.) It is no part of the duties of the clerk to certify that the papers contained in the transcript constitute the record on appeal (Hayne on New Trial and Appeal, sec. 268), although it is the general practice, and is proper for the clerk in his certificate to state that the transcript contains a copy of…