Mistich v. Holman

PONDER, Justice.

Mrs. Dorothy Holman Mistich, defendant appellee, seeks to dismiss the appeal in this case. It appears that the testimony-presented in the lower court was not taken down in writing, and that the transcript of the appeal contains no note of evidence, no statement of facts, no assignment of errors and no bills of exception. The transcript contains merely the pleadings in the case. The judgment appealed from was rendered in a suit for separation from bed and board wherein the defendant reconvened. The determination of the suit depended entirely upon the testimony and veracity of…