640


2  Cal.  Jur.  Appeal  and  Ebbob.  §  358

the  practice  since  the  amendment  of  1915.'^  In  cases  where
no  reporter's  transcript  is  prepared,  that  is,  where  the  ap-
peal is  taken  on  the  judgment-roll,  the  alternative  method  of
preparing  a  record  on  appeal  did  not  apply  until  1915,
and  there  was  therefore  no  statutory  exemption  from  the
necessity  of  printing  the  transcript.®  In  1915  a  code
amendment  was  adopted,  providing  that  the  alternative
method  of  preparing  the  record  should  be  available  not
only  as  a  substitute  for  a  bill  of  exceptions,  but  also  **for
the  purpose  of  presenting  a  record  on  appeal  from  any
appealable  judgment  or  order,  or  for  the  purpose  of
having  reviewed  any  matter  or  order  reviewable  on  appeal
from  final  judgment."*  The  effect  of  this  amendment  is
to  authorize  a  record  under  the  new  method  even  where
the  appeal  is  on  the  judgment-roll  alone,  and  consequently
to  authorize  the  use  of  a  typewritten  copy  thereof. *•

§358.  Use  of  Copies. — ^A  rule  of  the  supreme  court,
after  providing  that  parties  filing  printed  copies  of  papers
in  the  appellate  court  shall  file  an  original  and  twenty
copies  thereof,  and  that  parties  filing  typewritten  copies
shall  file  the  original,  which  must  not  be  a  carbon  copy,
and  three  copies  thereof,  provides  as  follows:

**In  civil  cases  appealed  under  the  provisions  of  sec-
tions 953a,  953b,  and  953c  of  the  Code  of  Civil  Procedure,
*  .  .  the  record  upon  appeal  shall  be  prepared  and  trans-

7.  OpiBion  of  the  supreme  court  10.  Opinion  of  the  supreme  court
denying  hearing  of  McKinnell  v.  denying  hearing  of  Emmett  v.
Hansen,  34  Cal.  App.  76^  167  Pac.  Coons,  34  Cal.  App.  197,  167  Pac.
