Buckman v. Whitney

Citations

• 24 Cal. 267

Syllabus

<p>Records of Courts—Who Control.—The Supreme Court has no control over the records of the Courts of an inferior jurisdiction from which an appeal lies, and cannot make an order supplying their records when lost.</p> <p>Appeal—Effect of.—The taking of an appeal does not suspend or impair the power of the Court helow over its own records, or its capacity to supply their place when lost.</p> <p>Same—Lost Record, how Supplied.—Where an appeal has been taken to the Supreme Court, and the transcript cannot be made out by reason of the loss of a portion of the records of the case from the files of the Court, it is the duty of the appellant to move the Court below, at the earliest time possible, to supply the lost papers by copies, or by some other means under its control.</p>