119 P. 532

RUTH M. ROSE, Petitioner, v. H. J. LELANDE, Clerk of Los Angeles County and Ex-officio Clerk of the Superior Court of the State of California in and for the County of Los Angeles, Respondent.

Civ. No. 1070.Court of Appeal of California, Second District.
October 24, 1911.

Page 309

PETITION for writ of mandate to the clerk of Los Angeles County.

E. M. Barnes, for Petitioner.

THE COURT. —

This application must be denied for two reasons: First, there is no duty devolving by law upon the clerk to certify or attest the transcript containing the reporter’s notes, or the papers desired to be included therein, not included in the judgment-roll. Second, the notice of appeal is from an order of court setting aside a default. This is not an appealable order.

The writ is denied.