Brewer v. Union Planters' Bank & Trust Co.

Citations

• 126 Miss. 351
• 88 So. 770

Syllabus

<p>1. Appeal and Eeeoe. Transcript filed by stenographer part of record, although no notice of demand for transcript received.</p> <p>A party desiring a transcript of the evidence introduced on the trial of a cause complies with the requirement of chapter 145, Laws 1920, that the stenographer shall be SO’ notified in waiting within ten days after the adjournment of the court by mailing a - notice to the stenographer within the ten days addressed to him at his usual place of abode, and although the stenographer may fail to receive the notice, nevertheless if he files a transcript of the evidence with the clerk of the trial court within the time allowed by law therefor, it will become a part of the record to the same extent that it would have had the stenographer received the notice.</p> <p>2. Appeal and Eeeoe. Copy of notice to stenographer for transcript with statement of service may be filed with clerk after record has been filed in supreme court.</p> <p>The requirement of chapter 145, Laws 1920, that'a copy of the notice to the stenographer that a transcript of the evidence is desired, together with a statement as to how the notice was served, be filed with the clerk of the trial court, may'be complied with after the record of the cause has been filed in the supreme court.</p>