Drew v. Caston
| Decision Date | 09 March 1931 |
| Docket Number | 29261 |
| Citation | 162 Miss. 851,132 So. 736 |
| Court | Mississippi Supreme Court |
| Parties | DREW v. CASTON |
APPEAL AND ERROR. If notice to stenographer to transcribe notes was given after expiration of statutory ten days, notes will be stricken on motion; it is not competent, without filing notice to show another notice to transcribe notes was written, on different date than that filed with clerk (Code 1930, section 725).
Where under section 725 of the Code of 1930, the appellant files with the clerk a copy of notice to the stenographer to transcribe the notes, and the method of serving it, such notice becomes a part of the record, and if it shows that the notice was given after the expiration of ten days the notes will be stricken from the record on motion. It is not competent, without filing notice with the clerk, to show that another letter was written on a different date from that filed with the clerk. What effect the filing of two letters would have is not decided.
HON. R W. CUTRER, Chancellor.
APPEAL from chancery court of Pike county, HON. R. W. CUTRER Chancellor.
Action between W. E. Drew and W. R. Caston. From the judgment the former appeals. On motion to strike the stenographer's notes from the record. Motion sustained.
Motion sustained.
L. H. McGehee, of McComb, for appellant.
Formal notice of filing of the stenographer's notes are not necessary where actual notice had.
Hinds v. Shumaker, 95 Miss. 447, 50 So. 564.
No transcript of notes will be stricken from record unless shown incorrect in some particular pointed out.
Phillips v. Cammon, 129 Miss. 656.
Copy of notice to stenographer need not be filed with the clerk within ten days.
N. O. & N.E. R. Company v. Catts, 109 Miss. 340.
W. B. Mixon, of McComb, and W. A. Parsons, of Summit, for appellee.
In all cases in which the trial is noted by the official court reporter, any person desiring to appeal the case shall notify the court reporter in writing within ten days after the adjournment of court of the fact that a copy of the notes is desired. The notice must be handed to the court reporter personally or mailed to him at his usual place of abode. In either case the attorney making the request shall file with the clerk of the court a copy of the notice, with a statement as to how the notice was served.
This is a motion to strike the stenographer's notes from the record for several reasons, and, among others, that the notice given the stenographer to transcribe and file his notes was shown by the record to have been given more than ten days after the day of the adjournment of the court in which the evidence was taken, and other parts because certain pages constitute a brief in favor of the appellant and are improperly embraced in the record.
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Mayflower Mills v. Breeland
... ... copy of the notes may be desired some time in the future, if ... and when something else happens. [168 Miss. 209] ... Drew v ... Caston, 132 So. 736, 162 Miss. 851; State Highway Dept ... v. Haines, 162 Miss. 216 ... The ... transcript should also be ... ...
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Rees v. Rees
... ... stenographer probably did not get the notice until October ... 10th, i. e., 12 days after decree ... Drew v ... Caston, 132 So. 736, 162 Miss. 851; Jackson Opera House ... Co. et al. v. Cox, 191 So. 665 ... We ... respectfully submit that, ... ...
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Southern Christian Leadership Conference, Inc. v. A. G. Corp.
...Rees v. Rees, 188 Miss. 256, 193 So. 334, 194 So. 750 (1940); McGee v. State, 203 Miss. 609, 35 So.2d 628 (1948); Drew v. Caston, 162 Miss. 851, 132 So. 736 (1931); Mayflower Mills v. Breeland, 168 Miss. 207, 149 So. 787 (1933); Dunn v. Green, 124 Miss. 602, 86 So. 852 (1920); Brown v. Thom......