Grand Court of Calanthe v. Baskin

Citations

• 108 Miss. 752
• 67 So. 210

Syllabus

<p>1. Appeal and Error. Filing of transcript. Statute. Construction-Record. Certiorari.</p> <p>Under sectipn 69 of the Code of 1906, when construed in connection with chapter 111, Laws 1910, as it must necessarily be when the stenographer’s transcript of the evidence has been filed and dealt with as provided in this last-mentioned statute, or the-time within which this can he done has expired and an appeal has been perfected by the filing of an appeal bond, it then becomes the duty of the clerk to make and certify to the supreme court a transcript of-the record in the case; that is, the record on file at the time the transcript is made, if the stenographer’s transcript of the evidence has not then been filed, the record as it then exists should nevertheless be certified to the supreme court, should the stenographer’s transcript be afterwards filed with, and certified to that court by the clerk of the court below, the question as to whether or not it is then properly a part of the record, will arise only in the event a motion is made by appellee to strike it from the record.</p> <p>2. Appeal and Error. Record. Certiorari.</p> <p>Where the failure of the clerk below to file the record on the return day has not operated to materially prejudice the rights of appellee, a writ of certiorari will be issued to the clerk of the court below, directing him to send up, forthwith, whatever record in the cause he may have on file in his office.</p>