Davis v. Bennett

Jackson, Chief Justice.

1. In this case, counsel for plaintiff in error left with the reporter a suggestion of the diminution of the record, to which the attention of the court was called. About the same time a motion to dismiss the writ of error was made. In such a case, the suggestion of the diminution has preference, because the case must be in court on a complete transcript of the record before it is ready to be tried here, and a motion to dismiss is one stage of trial.

2. But it is argued that there is no record here to amend. There is what purports to be parts of a record, which the…