Wemyss v. Viens

Through no fault of the defendants, a transcript of the trial testimony in this case is unobtainable. This did not come to light until after a notice of appeal had been filed and an order for the transcript placed, all within season, in February, 1963. Diligent and protracted searches have failed to turn up the original stenographic notes taken at the trial.

After it became apparent that the testimonial record was irretrievably lost, the defendants filed a motion asking that the matter be retried on the grounds that they have been deprived of their exceptions. This motion was filed on April 2,…