Mississippi Central R. R. v. Chambers

Citations

• 103 Miss. 400
• 60 So. 562

Syllabus

<p>1. Appeal and Error. Striking out record. Authentication of record. Code 1906, section 797, par. D. Laws 1910, chapter 111.</p> <p>The only purpose of Code 1906, section 797, Par. D., as amended by. Laws 1910, chapter 111, was to limit the power of the supreme court to' strike a transcript of the stenographer’s notes from the record, when such transcript does not appear to be incorrect in some material particular. The supreme court, following the spirit of the law, will refuse to strike such transcript from the record for any reason, when it is not shown to be incorrect in some particular, unless to refuse so to do would be manifestly unjust to a party affected thereby and this too where the record fails to show any notice to the stenographer.</p> <p>2. Appeal and Error. Record. Authorization. Rule 8, supreme court rules.</p> <p>Under rule 2 of the supreme court it is unnecessary for a clerk, in making up a transcript for that court, to include therein copies of the endorsement “filed,” etc., placed by him on any papers and records at the time they are deposited with him.</p> <p>3. Same.</p> <p>Where the clerk has certified that the transcript made by him is “a true and correct transcript of the record and papers, etc., in the case,” it will be presumed that everything therein contained has-become regularly a part of the record, until the contrary is shown.</p>