Gordon v. Beasore

BURROUGHS, J., pro tem.

The defendants Beasore and Jones have appealed from three orders of the superior court of Madera County and they are all presented upon the same record. One of said orders granted the plaintiffs an

[344]

injunction

pendente lite

and the other two are orders refusing to vacate and set aside the above order for injunction.

The plaintiffs have made a motion in this court to dismiss all of the appeals because the record is not certified by the judge as required by section 953a of the Code of Civil Procedure, the appeals having been taken under the so-called alternative method. The transcript on appeal contains a copy of what purports to be the pleadings, the orders appealed from, the minutes of the court on the hearing of the application for said orders, and certain other documents, together with the notice of appeal from, the orders. These are all certified by the clerk of the court as constituting the transcript on appeal and being true and correct. There is also included in the record the reporter’s transcript of the testimony taken on the original hearing of the application for the said injunction. Attached to this reporter’s transcript is the certificate of the judge as required by section 953a,

supra.

Section 953a provides that, “Any person desiring to appeal from any judgment, order or decree of the Superior Court to the Supreme Court or any of the District Courts of Appeal, may, in lieu of 'preparing and settling a bill of exceptions pursuant to the provisions of section 650 of this code, or for the purpose of presenting a record on appeal from any appealable judgment or order, or for the purpose of having reviewed any matter or order reviewable on appeal from final judgment, file with the clerk of the court from whose judgment, order or decree said appeal is taken, or to be taken, a notice stating that he desires or intends to appeal, or has appealed therefrom, and requesting that a transcript of the testimony offered or taken, evidence offered or received, and all rulings, instructions, acts or statements of the court, also all objections or exceptions of counsel, and all matters to which the same relate, be made up and prepared.”

It is further provided in said section that, “If the judgment, order or decree appealed from be not included in a, judgment roll, the party desiring to appeal shall on the filing of said notice, specify therein such of the pleadings, papers, records and files in said cause as he desires to have incorporated in said transcript in addition to the matters hereinbefore required and the same shall be included.” ..