Headley v. Tompkins Et Ux.

Henderson, J.,

The judgment in favor of the plaintiff was obtained in an action of trespass quare clausum fregit. On October 20, 1923, rules for a new trial and for judgment n. o. v. were taken. On January 14, 1925, the court discharged both rules. This action is made the subject of the first five assignments. The record brought up does not include the testimony. This omission is accounted for by the learned counsel for the appellants because the stenographer who had taken the testimony, soon afterwards became ill and left the state without having made a transcript of his notes, as directed by…