Wulferdinger v. Pickwick Stages System

THOMPSON (R. L.), J.

This is a motion on the part’ of the appellant for a diminution of the record by requiring the court reporter to certify as a part of the transcript of testimony the deposition of the plaintiff which was duly taken pursuant to law prior to the trial. The appeal was perfected pursuant to section 953a of the Code of Civil Procedure.

It is asserted that this deposition is a proper and necessary part of the record, since it was offered in evidence by the appellant under section 2022 of the Code of Civil Procedure, and for impeachment purposes. It was, however, properly rejected…