Lee Line Steamers v. American Export Co.

Citations

• 109 Miss. 524
• 68 So. 771

Syllabus

<p>Appeal and Ebbob. Motion to strike stenographer's notes. Evidence.</p> <p>Under Code 1906, section 797 (a), as amended by Laws 1910, chapter 111, providing that within thirty days after the adjournment of court, an appellant shall notify the stenographer that a copy of the notes is desired, where a transcript was filed in the court below three months after the adjournment of the term at which judgment appealed from was rendered and the clerk of the trial court certified that he could not find any notice to the stenographer to transcribe his notes and the stenographer filed an affidavit that he had failed to find such notice, but that he was sure that he would not have transcribed the notes and filed them, unless he had been notified by attorneys of appellant to do so. Such proof was not sufficient to show that 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.</p>