Cases Argued and Decided in the Supreme Court of Mississippi (109)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 Excerpt: ...notice had been given the stenographer within thirty days after the adjournment of court to transcribe and file his notes and such transcript on motion by appellee will be striken from the record. Appeal from the circuit court of Warren county. Hon. H. C. Motjnger, Judge. Suit by Lee Line Steamers against American Export Company. From a judgment for defendant, plaintiff appeals. Motion to strike stenographer's notes from the record sustained. The facts are fully stated in the opinion of the court. Henry & Canizaro and George Butler, for the motion. Wells, Map & Sanders, opposed. Smith, C. J., delivered the opinion of the court. This is a motion to strike the stenographer's transcript from the record for the reason that no notice was given him to transcribe and file his notes of the evidence, as provided by paragraph a of section 797. added to Code by chapter 111, Laws of 1910. The transcript was filed in the court below about three months after the adjournment of the term of court at 109 Miss. Opinion of the court which the judgment was rendered. The clerk of the court below certifies that, after diligent search and inquiry, he has failed to find on file in his office any notice to the stenographer to transcribe his notes. Two affidavits made by the stenographer appear in the record, one of which recites that: At the request of said attorneys for appellee, I have made diligent search for a written notice, if any was served on me by the attorneys for the appellant, to prepare the record for the purpose of appeal, and I have failed to find such a notice. As far as I know, no notice was given me by the attorneys for appellant to transcribe the record for the purpose of an appeal or within the time specified by the law. That no extensi...