Lynch v. Coe

THE COURT.

The respondent Lynch presents herein a motion for diminution of record and seeks thereby to have stricken from the files of this court the transcript of the testimony taken before the lower court. This attempt to have the reporter’s transcript stricken is based upon the assertion that the appellant’s notice to the clerk to prepare a record neglected and failed to request that a transcript of the testimony be made up. The appellant seeks to explain the omission or defect by stating that he had contemplated malting an independent arrangement with the reporter in connection with the…