White v. White

California Court of Appeal Mar 25, 1940 No. Civ. No. 12269Published

Before: McComb

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Holding. The court denied the appellant's motion for diminution of the record because the appellant failed to demonstrate that the trial court's prior rulings denying the same corrections were incorrect.

Issues

Whether the appellate court should grant a motion for diminution of the record to alter the engrossed bill of exceptions.

Disposition. Denied

Quotations verified verbatim against the opinion

“Appellant has failed to establish to our satisfaction that the rulings of the trial court were incorrect.”

“Therefore, section 652 of the Code of Civil Procedure is inapplicable and appellant’s motion for diminution of the record is denied.”

McCOMB, J. This is a motion for diminution of record by appellant to have the transcript on appeal changed by including certain testimony alleged to have been improperly omitted from the engrossed bill of exceptions and to have excluded from the engrossed bill of exceptions certain testimony included therein.

Appellant twice moved the trial court to correct the record in the same particulars as he now seeks to have this court correct the same. In each instance the trial court denied the motions.

Appellant has failed to establish to our satisfaction that the rulings of the trial court were incorrect. Therefore, section 652 of the Code of Civil Procedure is inapplicable and appellant’s motion for diminution of the record is denied.

Moore, P. J., and Wood, J., concurred.

White v. White

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