Thomas v. Thomas

SIMPSON, Justice.

The appeal is by the defendant from a decree of divorce.

No testimony is incorporated in the transcript, though noted as usual, the note on submission having been signed by the solicitors for the parties.

The certificate of the trial judge discloses “the testimony was ’given orally in Court and was not taken down by a Court reporter, or some other competent stenographer acting for him. Nor was the same requested or demanded. The testimony in the case cannot be transcribed in typewriting or certified to by a stenographer and filed in the cause because the testimony was not taken…