Redmond v. Hilliard
| Decision Date | 09 December 1940 |
| Docket Number | 34375. |
| Citation | 190 Miss. 839,199 So. 83 |
| Court | Mississippi Supreme Court |
| Parties | REDMOND v. HILLIARD. |
Appeal from Circuit Court, Hinds County; J. P. Alexander, Judge.
Proceeding between S.D. Redmond and Amanda Hilliard. From the judgment the former appeals. On appellee's motion to strike transcript of court reporter's notes and on appellant's motion for certiorari requiring clerk to send up certain docket entries.
Motion for certiorari granted and motion to strike passed.
S.D Redmond and Stirling & Stirling, all of Jackson, for appellant.
G. Q Whitfield and Chalmers Alexander, both of Jackson, for appellee.
Appellee filed a motion to strike the transcript of the court reporter's notes from the record, for the reason that the court reporter was not given notice by the appellant to transcribe his notes, as required by Section 725, Chapter 236 of the Laws of 1936. There were other grounds for the motion, but it is not alleged in the motion that the transcript of the notes is in any manner incorrect.
Redmond replied at length to the suggestion of error, and filed a carbon copy of a letter to the court reporter, dated March 25, 1940, requesting said court reporter to transcribe his notes. Relative thereto, he said: " Appellant was told on March 25th, 1940, by Hon. J. H. Howie, who was then representing appellant in this cause, that appellant's motion for a new trial had that day been overruled, and being desirous of an appeal, appellant immediately prepared a notice to the Hon. R. S. Streit, Court Reporter, and asked the Honorable Mr. Streit to transcribe his notes in said cause and send them up, a copy of said notice is attached hereunto marked ‘ Exhibit A’ to this answer and asked to be considered as much a part hereof as if copied herein." Redmond answered further that the he sent notice to the clerk to prepare the record and to send it to the Supreme Court; also, that the docket (referring to the circuit court docket) shows notice to both stenographer and clerk under date of May 22, 1940. The record shows that an order was entered by the court on May 22, 1940, overruling appellant's motion for a new trial.
In connection with this motion, appellant filed a separate motion for certiorari, requiring the clerk to send up the docket entries as to the filing of certain papers pertinent to this motion, and a certificate of his docket entries relative...
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Sanford v. Board of Sup'rs, Covington County
...all avenues available to an aggrieved party must be exhausted up to and including a judgment denying a new trial. Redmond v. Hilliard, 190 Miss. 839, 200 So. 130 (1941). A final judgment has been defined by this Court as a judgment adjudicating the merits of the controversy which settles al......
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First Nat. Bank of Vicksburg v. Cutrer
...of a case and before the entry of the judgment on the minutes of the court is valid.' 128 Miss. at 211, 90 So. at 844. In Redmond v. Hilliard, 190 Miss. 839, 199 So. 83, 200 So. 130 (1940), the notice to the court reporter was given prior to the entry on the minutes of the order overruling ......
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Edwards v. Peresich, 39299
...of the order overruling the motion for new trial. Shaw v. Bulah Cannon Shop, Inc., 1948, 205 Miss. 458, 38 So.2d 916; Redmond v. Hilliard, 1940, 190 Miss. 839, 199 So. 83, 200 So. 130; Johnson v. Miss. Power Company, 1940, 189 Miss. 67, 196 So. 642. Code Sections 1536 and 1537 expressly pro......
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