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· 10/24/1911

Rose v. Lelande

Citations

  • 17 Cal. App. 308

Syllabus

<p>Appeal—Certification of Transcript—Papers not in Judgment-roll —Duty not upon Clerk.—Upon an appeal where papers not included in the judgment-roll are required upon appeal, no duty is imposed upon the clerk to certify them.</p> <p>Id.—Order Setting Aside Default not Appealable.—An order of the superior court setting aside a default is not an appealable order.</p> <p>Id.—Mandamus Properly Denied.—No mandamus will be allowed to compel the clerk to do a duty not enjoined upon him by law, nor in aid of a nonappealable order.</p>

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