Kellett
Kellett v. Kellett
Opinion
Lead Opinion
Motion of plaintiff to withdraw the record in this case for the purpose of rearranging and amending the authenticative certificate thereupon on the ground that by inadvertence the' orders appealed from and the papers used on the hearing resulting in said orders are found in the clerk’s transcript instead of the reporter’s transcript. An inspection of the purported clerk’s transcript shows that a number of papers used on the hearing of the motions which resulted in the orders appealed from are contained and bound in what purports to be the clerk’s transcript and that these papers are not contained in the reporter’s transcript filed herein. It appears further, however, that the purported clerk’s transcript is certified to by the trial judge in the same manner in which said trial judge has certified to the reporter’s transcript. This certificate in each instance meets the requirements of section 953a of the Code of Civil Procedure. The judge’s certificate to the clerk’s transcript is unusual and is not required by any provision of law. However, as the complete record is now before the court in these two transcripts, and each of them bears the certificate of the trial judge as to its…