Bernard v. Roby

WALTERS, Chief Judge.

In an action to recover damages for trespass and conversion committed through an alleged unauthorized removal of timber, a magistrate entered judgment against the defendant, Delbert Roby. Roby appealed to the district court. A district judge dismissed Roby’s appeal when Roby failed to provide a transcript of the proceedings in the magistrate division. Roby now appeals from the order of dismissal, contending the district court abused its discretion. We agree and hold that the district court erred by refusing to decide any issues on the appeal which could have been resolved…