Brown v. Monroe

CRAIG, J.

This is a proceeding of

mandmms

to compel the defendant to attach his certification to a purported reporter’s transcript.

It appears that a case entitled Louis Armelin and Alice Armelin, His Wife,

v.

Alma Brown, Administratrix, etc., was tried in the department of the superior court presided over by the defendant, and judgment was rendered by him therein on September 20, 1921, in favor of the plaintiff; that on the 6th of the following October the defendant served and filed a notice of appeal; that on October 15, 1921, defendant in said action served and filed a notice to the clerk of the court stating that the defendant had appealed from the final judgment entered and requesting “a transcript of the following documents, to-wit: Complaint, answer, judgment, Defendant’s Exhibits 1, 2, and 3, Notice of Intention to Move for New Trial, Tender of Installment payment and interest due under Agreement of Sale of Real Estate and Notice of Appeal”; that on the twenty-sixth day

[283]

of January, 1922, defendant delivered to the clerk of the said court a document purporting to be a reporter’s transcript of the trial, and asked the defendant to certify to it as provided in section 953a of the Code of Civil Procedure; whereupon the court, after objection by the plaintiff in said action, refused to certify to said alleged reporter’s transcript. The above are the facts essential to a determination of this petition.

It must be held that the defendant in said action, petitioner in this proceeding, having served notice of appeal, at least from that time, had notice of the rendition of judgment. (E

state of Keating,

158 Cal. 113 [110 Pac. 109];

Fiske

v.

Gosbey,

168 Cal. 334 [143 Pac. 611].) She served a notice to the clerk within ten days, as required by section 953a of the Code of Civil Procedure, but in it made no mention of a reporter’s transcript. By this method of appeal the phonographic report of the trial must “after due proceedings pointed out in the section” be authenticated by the judge.