Laughlin v. Holmes

Mr. Presiding Justice Shepard

delivered the opinion of the court.

This suit was begun before a justice of the peace and appealed to the Circuit Court, to recover a sum agreed to be paid upon the delivery of a transcript of a stenographer’s notes of evidence taken in a judicial proceeding.

The sole question was one of fact as to whether a deliver, in the legal sense, was made of the transcript at the time and place agreed upon. On that question the appellant and the clerk of appellee testified in direct opposition—the appellant testifying that he was refused permission to take and look at the…