Dent v. Peoples Bank of Imboden

• Court: Arkansas Supreme Court
• Writing for the Court: PER CURIAM:
• Citation: Dent v. Peoples Bank of Imboden, 169 S.W. 821, 114 Ark. 261 (Ark. 1914)
• Decision Date: 28 September 1914
• Docket Number: 131
• Parties: DENT v. PEOPLES BANK OF IMBODEN

169 S.W. 821

114 Ark. 261

DENT v. PEOPLES BANK OF IMBODEN

No. 131

Supreme Court of Arkansas

September 28, 1914

Appeal from Lawrence Circuit Court; H. L. Ponder, Special Judge motion overruled.

Motion overruled.

G. G Dent, pro se.

OPINION

PER CURIAM:

Appellant filed a motion in which he alleges that from causes over which he had no control he has been unable to perfect the bill of exceptions in this case. The judgment appealed from was rendered by the circuit court of Lawrence County on September 5, 1913, and time (120 days) was given within which to prepare and file bill of exceptions. Appellant alleges that he was unable to procure a transcript from the stenographer within the time specified, and filed a skeleton bill of exceptions; and that thereafter he procured the transcript and delivered the same to the special judge, who presided at the trial of the cause; that the trial judge failed to return the transcript to him, but lost it; and that when he applied to the stenographer for another transcript, he found that the stenographer's notes had been lost, and that the stenographer, for that reason, was unable to furnish another transcript. This occurred after the expiration of the time allowed for filing the bill of exceptions, and appellant is therefore left with only a skeleton bill without any record of the oral proceedings.

He is not very definite as to the relief which he asks, but he does ask that the special judge, the stenographer, and the clerk of the court be cited to appear and make disclosures as to the lost papers. The allegations of the motion are to the effect that the stenographer's transcript and his notes have both been lost, and it would avail nothing to cite the officers named to appear here for disclosure. At any rate, this court has no authority over the stenographer, and the remedy to require a transcript to be filed, if the notes could be found, would devolve upon the circuit court.

The special statute in force in the judicial circuit whence this appeal comes provides that the appellant in the case "may file a skeleton bill of exceptions with the clerk without incorporating therein the stenographer's transcript, when said transcript has not been prepared and approved by the court or judge thereof, within the time allowed by law for filing the bill of exceptions, and the clerk shall insert said stenographer's transcript as, and after, same has been approved by the...