Teller v. United States

Citations

• 111 F. 119
• 49 C.C.A. 263
• 1901 U.S. App. LEXIS 4365

Syllabus

<p>1. Appeal—'Transcript—Moving Party Responsible fob.</p> <p>The party who moves for a review of the action of the trial court is responsible to the appellate court for the insertion in the transcript returned to it by the clerk of the lower court of a copy of all the papers and proceedings necessary to the hearing, under the fourteenth rule • of the circuit courts of appeals (31 C. C. A. cxxv.; 90 Fed. cxxv.), and it is the duty of the clerk of the trial court to follow his praecipe designating the portions of the papers and proceedings to be returned.</p> <p>2. Same—Clerk’s Duty in Absence of Praacipe.</p> <p>Where the moving party files no praecipe it'is the duty of the clerk of the trial court to see that the transcript is a true copy of the papers and proceedings necessary to a hearing in this court specified in rqle 14 (31 C. C. A. cxxv.; 90 Fed. cxxv.), and it is also his duty to see that his certificate clearly shows this fact.</p> <p>8. Same—Copy of Opinion—Clerk’s Duty. /</p> <p>It is the duty of the clerk of the trial court to annex to and transmit with the record a copy of any opinion filed in the case relating to any of the rulings assigned as errors, pursuant to the second paragraph of rule 14 (31 C. C. A. cxxv.; 90 Fed. cxxv.), although the moving party fails to designate such opinion in the praecipe which he files for the transcript.</p> <p>(Syllabus by the Court.) v</p>