This is an appeal from a judgment refusing a mandamus absolute entered on September 4, 1971. After such judgment was entered, a motion for a continuance and a motion to disqualify respondent’s attorney was filed. No transcript of the evidence adduced upon the hearing of the mandamus absolute was filed, and no judgment rendered upon the motion for continuance or motion to disqualify respondent’s attorney. Held:
1. The only judgment appealed from is the judgment refusing the mandamus absolute. The record does not disclose that the motions thereafter filed were ruled upon, and even if ruled upon, such judgments could not be considered inasmuch as any judgment rendered would of necessity be subsequent to the judgment appealed from. Compare Graham v. Haley,
Under the decision in Robinson v. McAlpin,
Assuming, but not deciding, that the ordinary could certify copies of the minutes of his court, as pointed out in Robinson v. McAlpin, supra (p. 491): "The statutory appeal allows to litigants in certain cases the right to another trial in the superior court, upon compliance with certain requisites. The trial in the superior court is had without reference to the evidence introduced in the former trial, and is a de novo investigation. When a case is on appeal, any amendment, whether in matter of form or substance, may be made which could have been made while the case was in the primary court. Reynolds v. Neal,
Thus, the suggestion that the ordinary could respond to the
Nor do we know of any authority of an ordinary to certify the records of a clerk of the superior court. Accordingly, the contention that the ordinary could obtain copies from the clerk of the superior court and certify the same is without merit.
There being no reversible error shown, the judgment of the trial court refusing to issue the mandamus absolute must be affirmed.
Judgment affirmed.
