Fishermen and Allied Workers v. Quaker Oats Co.
| Decision Date | 10 November 1958 |
| Docket Number | No. 40954,40954 |
| Citation | 235 Miss. 401,106 So.2d 144 |
| Parties | The FISHERMEN AND ALLIED WORKERS et al. v. The QUAKER OATS CO., Inc. |
| Court | Mississippi Supreme Court |
Morse & Morse, Poplarville, for appellant.
Morse & Morse, Gulfport, for appellee.
The appellee filed its motion to strike the court reporter's transcript of the evidence because the reporter received no notice to transcribe her notes. Thereupon the appellants filed a motion for a writ of certiorari to require the clerk of the chancery court to send up certain papers not included in the record. Their counsel made affidavit to certain facts in explanation of the defect, if any, in the giving of notice. Thereafter counsel for the appellee filed a motion, disputing some of the allegations of the petition for a writ of certiorari and the affidavit thereon, and moved for the trial of an issue of fact, under Sec. 1960, Code of 1942, Rec., arising out of the appeal.
These three motions have all been considered together.
The record shows that the final decree in this cause was rendered on December 13, 1957, and the term of court adjourned on December 21, 1957. But in the meantime, the clerk of the chancery court had received and marked filed on December 19, 1957, a copy of a notice, dated December 17, 1957, addressed to: 'Miss Maud Tilley, Court Reporter, 323 S. Pascagoula Street, Pascagoula, Mississippi,' giving the style of this cause, and requesting her to transcribe her notes and file the same as the defendant desired to prosecute an appeal. It was signed by counsel, and on the bottom was notated: 'cc: Chancery Clerk, Jackson County, Pascagoula, Mississippi,' and 'Morse & Morse, Attorney at Law, Gulfport, Mississippi.'
In the record is the certificate by Marie F. Graves, Official Court Reporter, showing that she had correctly transcribed her notes taken on the trial of the cause, that she had notified counsel on both sides, and, 'I further certify that no notice to transcribe was given to this reporter but notice was directed to a former reporter of this court.'
Obviously what occurred was that the appellants gave notice to the court reporter, naming her as Miss Maud Tilley, when actually the name of the court reporter was Marie F. Graves, who had succeeded to this position and was actually the reporter, who took the notes of the evidence. The filing of a copy of the notice with the clerk on December 19, 1957, was substantial proof that the appellants attempted to give notice to the court reporter. The reason why it was not given to Marie F. Graves was that a mistake was made in addressing it to the former reporter, Maud Tilley, instead of to Marie F. Graves. If a transcript of the evidence had not been made up and filed, Marie F. Graves would have had ample justification therefor because the notice was not given to her. However, she made up and filed the same. While her certificate shows that 'no notice was given to' her, it does show that 'notice was directed to a former reporter of this court.' Actually she was apprised of the desire of the appellants to appeal to the extent that she felt obligated to...
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...of labor relations in business affecting interstate commerce. This Court, in one of its own cases, Fishermen & Allied Workers, etc. v. Quaker Oats Co., 235 Miss. 401, 106 So.2d 144, 109 So.2d 321 (1959), in recognition of Federal preemption in this field, following the rule in Garner v. Tea......
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...Woodwokers of America, C. I. O. v. Fair Lumber Co., 232 Miss. 401, 99 So.2d 452, 100 So.2d 606; Fishermen and Allied Workers, etc. v. Quaker Oats Co., 235 Miss. 401, 106 So.2d 144, 109 So.2d 321. 29 U.S.C.A. Sec. 152, subsection (9) provides as follows: 'The term 'labor dispute' includes an......
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Fields v. State
...was mailed within the ten-day period, but was mistakenly mailed to the wrong address, and Fishermen and Allied Workers v. Quaker Oats Company, 235 Miss. 401, 106 So.2d 144 (1958), 109 So.2d 321 (1959), where the party attempted to give notice within the ten-day period but mistakenly inserte......
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Jones v. Welford, 45032
...of section 1640. In later years the Court has not been inclined to apply this statute strictly. In Fishermen and Allied Workers etc. v. Quaker Oats, 235 Miss. 401, 106 So.2d 144, 109 So.2d 321 (1958), the Court held that giving notice to a former court reporter rather than to the court repo......