Cassella v. Manikas

Judgment reversed on the law and facts, without costs of this appeal to either party, and a new trial granted. Memorandum: This appeal cannot be decided upon the present record. It appears that the acting County Court stenographer accidentally lost or threw away his minutes after a transcript thereof had been ordered by appellant’s attorney. “ The fact that the stenographer’s minutes of the trial are lost and cannot be obtained or the stenographer is dead does not relieve the trial justice from the duty of settling the ease on appeal. Under such circumstances, the ease must be settled in…