Knoch v. Haizlip

Appeal by New Method—Authentication of Record—Certification by Judge.—The new method of preparing records on appeal provided by sections 953a, 953b, and 953c, of the Code of Civil Procedure, does not require or authorize the judge to certify to the correctness of any papers except such as form part of a transcript designed to take the place of a bill of exceptions.

Id.—Certification of Papers on Appeal from Judgment—Use of Typewritten Copies in Record—Original Papers to Remain in Clerk’s Office.—Papers which under the old method would not properly be a part of such bill, are still to be certified by the clerk or the attorneys, as provided by section 953 of that code. Such papers include, on an appeal from the judgment, the judgment-roll and the notice of appeal. With respect to these papers, the main effect of the new method seems to be to permit the nse of typewritten, instead of printed copies. The originals of this class of papers should remain on file in the office of the clerk of the superior court, and not be sent up to the reviewing court.

Id.—Authentication of Papers Embodied in Transcript of Testimony—Appeal from Orders on Motion for New Trial—Original Transcript to be Transmitted to Appellate Court.—Different considerations apply to the transcript of testimony, etc., prepared in lieu of a bill of exceptions, and certified by the judge. The statute contemplates that the original, rather than a copy, of such transcript, should be transmitted to the court in which the appeal is to he heard, and the only certification required is that of the judge. Where the order appealed from is not included in a judgment-roll (as, for example, an order granting or denying a motion for new trial), the parties may have inserted in the transcript any of the pleadings, papers, records, and files in the cause, and the same when so incorporated shall he “deemed fully authentic for use on said appeal.”

Id.—Refusal to Dismiss Appeal from Judgment—Withdrawal of Transcript for Proper Authentication.—In the present case, where the record on an appeal from the judgment and an order denying a motion for a new trial was evidently prepared in good faith and in attempted compliance with the new method, but so far as concerned the appeal from the judgment, was not properly authenticated, the supreme court refuses to dismiss the appeal from the judgment, but allows the transcript to he withdrawn for a proper authentication, within a limited time, of the record on the appeal therefrom.