Foty v. Rotchstein

Appellants make application for a writ of certiorari directed to the trial court and clerk as a means of perfecting the record, by having certain omitted matter supplied, and certain matter erroneously included expunged-The application, supported by affidavit and exhibits, alleges in substance that a judgment, materially different from the judgment originally pronounced, written up and signed by the trial judge, was entered after appellants’ motion for a new trial had been overruled and notice of appeal to this court given; that appellants were without notice or knowledge of the substituted…