Brearley v. Arobio

OPINION

By the Court,

Coleman, C. J.:

The respondents have moved to strike and to dismiss. The notice of motion reads:

“1st. To dismiss the appeal from the order — denying plaintiff’s motion for a new trial — made and entered in the minutes of the District Court on November 6, 1931; and

“2nd. To strike from the record on appeal the whole of volume numbered 2, being the volume designated as ‘Transcript,’ certified by the court reporter as being a ‘copy of all proceedings had and testimony given at the trial of said case’ — which said, transcript was served and filed in the District Court November…