People v. Center

Citations

• 54 Cal. 236

Syllabus

<p>Appeal—Transcript—Clerk—Jurisdiction.—After an appeal to this Court is complete, the action is removed from the Court below, except as to matters not affected by the appeal, and that Court has no longer any power or control over the action, and is not authorized to say what papers shall be used on appeal to this Court. Therefore, an order of such Court forbidding the Clerk to certify a proposed transcript on appeal, is void.</p> <p>Id.—Id.—Id.—Id.—Eor all purposes connected with its appellate jurisdiction, this Court has the same power over the Clerk of the Court below as over its own Clerk; and if such Clerk refuse to certify the transcript, will, on motion, order him to do so.</p> <p>Id.—Id.—Id.—Id.—It is the duty of the Clerk to certify to the correctness of the documents in the transcript, if they are correct copies of originals in his custody; and whether such documents, when certiSeJ, will constitute a transcript on appeal in the case, is not a question for mm to determine.</p>