Yazoo & Mississippi Valley R. R. v. Dampeer

Citations

• 108 Miss. 451
• 66 So. 814

Syllabus

<p>Appeal and Error. Bill of exceptions. Stenographer’s transcript.</p> <p>Under Laws 1910, chapter 111, section 1, providing that, if the official stenographer die, resign, or be unable to transcribe his notes, and furnish a typewritten copy thereof, sixty days’ additional time shall be allowed for preparation of the bill of exceptions and, in case a copy of the transcribed notes cannot be furnished, a bill of exceptions must be prepared within the time thereafter specified, as in caáe where no' stenographer takes the evidence, where the official stenographer, on account of illness and press of other work, was unable to transcribe his notes so that a bill of exception might be settled and signed in time, it was appellant’s duty to have prepared and presented to the trial judge a bill of exceptions, as though the evidence had not been; taken by a stenographer; and where this is not done, it is the duty of the appellate court under Code 1906,' section 4921, to sustain a motion to docket and dismiss the case.</p>