Carper v. Nesbit

Upon the call of this case for argument, appellee filed a motion to dismiss this appeal on the ground that it was improvidently awarded. The basis for the motion is that the cause was heard by the chancellor upon evidence taken ore tenus, and that said evidence was not made a part of the record by proper certification of the court, as required by law.

In the brief of appellant we find this concessum:

“Certain evidence was taken in the cause ore tenus before the Court and it was intended to be incorporated into the record, but by oversight of the stenographer making up the record, this evidence…