Cowing v. Carpenter

An appeal has been taken by the defendant from a judgment in favor of the plaintiff. On the trial in Justice Court a stenographer was employed to take the evidence. The stenographic minutes have not been transcribed. An appeal has been taken for an argument and not for a new trial in County Court. Defendant in taking the appeal paid to the justice the usual fees required for making a return on appeal. He did not pay the necessary fees of the stenographer for transcribing the evidence and did not cause such evidence to be transcribed and attached to the return.

*887It does not appear that such an…