Yazoo & Mississippi Valley R. R. v. McGraw

Citations

• 118 Miss. 850
• 80 So. 331

Syllabus

<p>1. Appeal and Error. Record on appeal. Duty to file transcript.</p> <p>The failure of the stenographer to file a transcript of the evidence does not excuse the clerk of the court' below for failing to file the record in the supreme court seasonably after the time for the filing with him by the stenographer of a transcript of • the evidence has expired.</p> <p>2. Appeal and Error. Record on appeal. Failure to file. Excuses.</p> <p>An appellant is negligent in not applying for a writ of certiorari when the return day for the filing of a record on appeal in the supreme court has passed and such record has not been filed.</p> <p>3. Appeal and Error. Prosecution of appeal. Dismissal. .</p> <p>Where the trial of a cause has been unduly delayed to appellee’s prejudice because of the failure of appellant to prosecute his appeal with diligence, a motion to dismiss will be sustained.</p>