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105 Cal. App. 2d 839

Lyons v. Lyons

California Court of Appeal

Decided August 6, 1951

California Court of Appeal · decided 1951-08-06

Decided 1951-08-06

WHITE, P. J.

¶1This is a motion by appellant to angment the record on appeal “by incorporating in the opening brief of the appellant on file, appellant’s exhibits A through G which were offered for identification and denied on appellant’s motion for a new trial.” In his supporting affidavit appellant’s counsel further avers that “Positive request was *840made of printer to incorporate same in Appellant’s Opening Brief and through their inadvertence same was not incorporated therein.”

¶2An examination of the clerk’s transcript reveals that pursuant to the provisions of rule 9(e) of Rules on Appeal, the clerk of the superior court has listed all of the foregoing exhibits, “not copied but designated for inclusion in appeal records,” and in further conformity with the foregoing rule, there appears in the clerk’s transcript “a brief description of each of them.”

¶3The exhibits in question are therefore now a part of the record on appeal.

¶4We shall therefore regard appellant’s motion as an application under rule 10(b) that this court direct the clerk of the superior court to transmit to this court all of the original exhibits designated by the parties as a part of the record.

¶5It is so ordered.

¶6Doran, J., and Drapeau, J., concurred.

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