Walsh v. Hutchings

Citations

• 60 Cal. 228
• 1882 Cal. LEXIS 429

Syllabus

<p>Appeal prom Order—Record—Transcript—Identification of Papers— Bill of Exceptions—Clerk’s Certificate.—Upon an appeal from an order, opening a default, papers appeared in the transcript as printed, purporting to be an affidavit of the defendant, and a counter-affidavit of tho plaintiff; and there was a certificate of the Clerk, that the transcript contained full, true, and correct copies of all papers used upon the hearing of the motion, in the Court below; but there was no bill of exceptions or certificate of the Judge as to the identity of the papers.</p> <p>Held : It is not for the Clerk to determine what papers or evidence the Court acted upon; and his certificate must be disregarded.</p>