Jackson Opera House Co. v. Cox

This is a motion to strike from the record the stenographer's transcribed notes of the testimony taken in the court below, on the ground that the notice required to be given to the court reporter, under section 725, Code of 1930, was not given until after the expiration of ten days from the adjournment of the court.

The motion must be sustained. In the case of Richmond v. Enochs, 109 Miss. 14, 67 So. 649, the Court held that the stenographer's transcript of the evidence which has not been made up and dealt with in the manner provided by law would be a nullity, and would be stricken from the…