Burkam v. McElfresh

Black, C.

— It appears from the transcript of the record

of this cause, filed in this court May 23d, 1879, taken in connection with the return made February 5th, 1881-, to .a certiorari awarded on the application of the appellee McElfresh, that a complaint was filed by the appellants on the 3d day of December, 1877; but at the time of the making of said transcript, and thereafter, up to and including the time of the-making of said return to said certiorari, said complaint was-not on the files of the court below. A complaint is in the transcript preceded by a statement that, the complaint which…