Clark v. Roller

Citations

• 23 App. D.C. 453
• 1904 U.S. App. LEXIS 5274

Syllabus

<p>Appeal and Error; Correction of Record.</p> <p>1. Where a decree in an equity suit was reversed and the cause remanded for proceeding's in the lower court not inconsistent with the opinion of this court, and in that opinion one of two courses was indicated as open to the complainants, — one of which was the retention of the canse in order to give them opportunity to establish their title at law, and the other was the dismissal of their hill without prejudice, — and they elected not to ask a stay of proceedings, and appealed from a decree then passed dismissing the bill, for the purpose of taking the case to the United States Supreme Court, it was held that they were within their rights, and a motion to dismiss the appeal was denied, but certain portions of the transcript not having been incorporated in the transcript presented on the original appeal, were stricken out.</p> <p>2. A suggestion of diminution of the record, as well as a motion to strike out part of the record, cannot he entertained where it is not sworn to and fails to point out the defects of the record with the particularity as required by rule 14 of this court.</p>