Thompson v. American Fruit Co.

Appeal—Alternative Method—Authentication of Eecord.—The alternative method of appeal provides a procedure for preparing a ' record, upon appeal from any appealable order of the superior court, which record, when prepared, performs the functions of a bill of exceptions; but such record is required to be authenticated in essentially the same manner as is required for the settlement and allowance of a bill of exceptions.

Id.—Certification of Eecord Must be bt the Judge, Not bt the Clerk.-—An appeal from an order granting a motion to vacate a default judgment will be dismissed if the record is not authenticated by the judge, although appended to the record is the clerk’s certificate that the record is composed of true copies of the original pleadings, papers, motions, and orders made and entered in the court below. Under either the original or alternative method of appeal, the authentication should show what papers and evidence were actually used and had upon the hearing of the motion which culminated in the order appealed from. This the clerk could not do. It was not for him but for the judge who determined the motion to certify the papers and evidence upon which the order appealed from was made.