Sharon v. Sharon, 11991 (Cal. 7-17-1889)

Thornton, J., concurring. — This is an appeal by defendant from an order denying his motion for a new trial.

I agree with what is said in the opinion of Justice Works as to the record here, except what is said with reference to certifying exhibits left out of the- statement on a suggestion of diminution of the record.

I do not understand that on its being made to appear that the record has been diminished by the omission to insert a part of it that this court can order certified to. it anything but what is contained in the record in the court below. To constitute a part of the record, the…