Hines v. Shumaker

Citations

• 95 Miss. 477
• 50 So. 564

Syllabus

<p>Motion to Strike the Stenographer’s Report oe the Evidence promt the Record.</p> <p>Stenorgapher’s Report oe Evidence. Notice to attorneys of filing.. Code 1906, § 797.</p> <p>Under Code 1906, § 797, requiring the clerk of the circuit court, as soon as the stenographer’s report (notes transcribed) of the evidence is filed, to notify each attorney or firm of attorneys interested in the case, by mail or in person, that the same is on file:— (a.) Notice that the report (notes transcribed) is on file may be-given to the attorneys personally by another authorized to do so-by the clerk; and</p> <p>(6) The attorneys to be notified are the attorneys of record in the ease; and</p> <p>■ (c) A notice to a member to a firm of attorneys, shown of record to have represented one of the parties, is notice to all of them, although the firm dissolved pending the suit; and</p> <p>(d) Formal notice to a party’s attorneys is unnecessary where'his leading counsel had the report (notes transcribed) for the purpose of examining it for several days after it was filed, and returned it to the clerk, without making suggestion for its correction; the only purpose of notice being to give opportunity to inspect the report and suggest corrections.</p>