McQuade v. Whaley

By the Court, Sawyer, J.

The appeal is from an order denying motion to set aside a nonsuit, and for a new trial. The transcript consists only of the settled statement on appeal, preceded by a brief, unauthenticated statement of the issues formed by the pleadings, but. does not contain the pleadings themselves. When the cause was called for argument, the respondent, who had previously filed exceptions to the transcript in pursuance of Rule XIII, moved to dismiss the appeal, under section three hundred forty-six of the Practice Act, on the ground that the record does not contain the pleadings,…