Foster v. Buchele

SPEER, Justice.

At the outset of this appeal we are confronted with a motion by appellee, Joe Benton, to: (a) Strike the filing of the statement of facts, and (b) to tax costs against appellant for unnecessary instruments copied into the transcript.

When the motion came to our attention we found the statement of facts was incomplete, in that it had not been approved by counsel, but was signed by the trial court without a certificate showing the necessity therefor.

The motion pointed out twenty-seven objectionable matters either contained in or omitted from the statement of facts; the clerk, at…