Neil v. Neil

A preliminary question was raised as to the validity of the appeal from the County Court to the Circuit Court and from the Circuit Court here, on the ground that the testimony taken before the County Court was not filed with the clerk of the Circuit Court and was not certified up by the clerk of the Circuit Court upon the appeal from that court to this. The whole proceedings show that the transcript of the testimony was in the possession of the Circuit Court on the trial, and that no objection was made by the attorneys for the contestant at the time, and that it was considered by the circuit…