(Download) "Wynecoop v. Superior Court of Sutter County" by Supreme Court Of California In Bank " Book PDF Kindle ePub Free
eBook details
- Title: Wynecoop v. Superior Court of Sutter County
- Author : Supreme Court Of California In Bank
- Release Date : January 20, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
GIBSON, C.J. Petitioner seeks a writ of mandate to compel the respondent Superior Court to certify a transcript to be used on an appeal from an order vacating a judgment. The matter for consideration here arises out of an appeal in Wynecoop v. Coats, Sac. 5316. In that case appellant, petitioner here, gave notice to the clerk under the provisions of section 953a of the Code of Civil Procedure to prepare a transcript. Subsequently, a transcript was filed certified only by the clerk of the Superior Court. It contained documents of an evidentiary nature which may be authenticated solely by the certificate of the judge. (Martin v. Pacific G. & E. Co., 195 Cal. 544 ; Jeffords v. Young, 197 Cal. 224 ; Guyot v. Cassab, 118 Cal. App. 742 ; Mason v. Coalinga Union H.S. Dist., 31 Cal. App. (2d) 317 .) Respondent moved to dismiss the appeal or affirm the judgment on the ground the record was defective, and petitioner made a counter-motion for return of the transcript to the trial court for further authentication. The motion to dismiss or affirm was denied and the counter-motion was granted, the clerk of this court being directed to return the transcript to the trial court ""for further proceedings"".