Metropolitan Casualty Ins. v. Sullivan

Citations

• 115 Miss. 399
• 75 So. 370

Syllabus

<p>1. Appeal and Error. Stenographer’s notes. Order extending time. Validity. Statute.</p> <p>Under chapter 111, Laws 1910, section 797, par. D. the trial judge has the power to extend the time within which a stenographer may file a transcript of the evidence sixty days in addition to the original sixty days allowed him therefor by the statute, and an order granting an extension of more than sixty additional days ■was valid to the extent of tbe additional sixty days winch the judge had the power to grant.</p> <p>2. Same.</p> <p>The statute also provides that in case the stenographer failed to file a transcript the appellant should have forty days after the expiration of the sixty days allowed the stenographer by law or after the expiration of any extension of time lawfully granted, in which to prepare and present to the judge a bill of exceptions in the case as if there had been no stenographer therefor, and in such case as an order granting the stenographer more than sixty days additional was valid to the extent of sixty days additional time, a bill of exceptions filed within forty days after such sixty days additional time complied with the statute, and would prevent the bill of exceptions from being stricken from the record.</p>