Yazoo & M. V. R. v. Dampeer

Citations

• 108 Miss. 650
• 67 So. 150

Syllabus

<p>Appeal and Eebok. Reinstatement of appeal. Sufficiency of showing.</p> <p>Where an appeal was dismissed for failure to file the stenographer’s transcript of his notes, or to present a bill of exceptions to the judge, a motion to reinstate the case after the stenographer had filed the transcript, accompanied by an affidavit of probable error, which shows that appellant’s counsel used due diligence in endeavoring to secure a transcript of the notes, which was delayed on account of the sickness of the stenographer, and that there would be only a slight delay, if any, in the hearing,.-resulting 'from the delay .in securing the transcript, and that the faliure to present the bill of exceptions to the judge was due to the fact that appellant’s counsel overlooked that provision in the law, will be granted.</p>