Duprat v. Powell

Plaintiff, a wife, sued defendant, her husband, for a ^separation from bed and board. There was judgment below in her favor, and defendant appealed.

I

Pending the preparation of the transcript of appeal, and before the stenographic note of the evidence taken on the trial had' been transcribed, the stenographer by whom said evidence had been taken down departed this life. Hence the transcript contains no note of evidence, and is therefore incomplete, but without fault attributable to the appellant.

Appellant therefore moves to remand the case for a trial de novo; to the end that the evidence may…