Murray v. . Shanklin

If the case had rested simply upon the neglect of the (419) defendant or his attorney in not sending the transcript to this Court in time we should have had no hesitation in deciding against the motion. But there are other circumstances arising out of the case and the affidavits which induce us to think it ought to be granted. First, there was no other mode of bringing the case to this court but by appeal, and therefore that form was observed, but it is apparent that, in substance, the cause was to come up by consent. The case underwent little or no examination in the court below, and it was…