either a bill of exceptions or a statement of the case. The so-called "transcript" lacks several vital elements essential to a bill or statement: First, no proposed statement or bill was ever served upon plaintiff's counsel in this case; second, no notice of the settlement and allowance of any bill or statement was ever served on plaintiff's counsel; third', the district court never made any order settling a case or bill of exceptions in the case; and, finally, there are no specifications of errors of law and no specifications showing wherein the findings of fact are not justified by the evidence. Under the existing statutes and rules of court such errors and specifications are essential features of every bill and statement. Comp. Laws, 1887, §§ 5079, 5084, 5090, 5093, 5094. It is well settled that a true and correct transcript of the stenographer's minutes of the proceedings had at the trial do not, under our practice, constitute either a bill of exceptions or a statement of the case within the meaning of the law. Harper v. Minor, 27 Cal 107; Hutton v. Reed, 25 Cal. 479. The transcript of the proceedings had at the trial being eliminated by the motion, the case was submitted upon the merits without argument. The court finds no error upon the face of the record when thus purged of the transcript, and therefore will direct that the judgment of the court below be in all things affirmed. So ordered. All concur.
JULIA H. MILLS, Executrix of the will of TRUMAN MORSE, deceased, Plaintiff and Respondent v. RICHMOND W. HowLAND, CHARLES H. HOWLAND, and HERMAN WARNER, Defendants; CHARLES H. HOWLAND, Defendant and Appellant.
Service of Process-Amendment of Return.
1. After judgment entered in a case where there was no appearance by defendants, the trial court nay, in furtheranco of justice, and in allirmance of such judgment, permit the sheriff, on his application, and upon notice to the defendants, to amend his return of service of sum- mons in accordance with the truth, and thus bring upon the record jurisdictional facts.
2. Such amended return, when filed, relates back to the original re-
