Clarke

A printed transcript of a portion of the record of this case was filed here January 12, 1899, and since that date the court has been simply deluged with motions to supply its defects, and to dismiss the appeals from the judgment and order denying a new trial. At present the printed record and briefs make a very modest show by the side of the bulky mass of papers of every shape and hue—in manuscript and typewriting—which constitute the files of the case. The faults of procedure on the part of counsel have cost the court far more trouble than would have been required to dispose of the case upon its merits if it had been presented in the simple and orderly manner provided for in our rules, and the court is brought seriously to consider whether we are justified in devoting more of our time to the unraveling of the legal tangles gratuitously imported into this case at the expense of litigants who present the merits of their appeals unembarrassed by such superfluous difficulties.

Some months ago, in department 1, an order was made dismissing the appeals herein from the order denying a new trial, and overruling the motion to dismiss the appeals from the judgment: 125 Cal. 540 , 58 Pac.…