Ramey v. Phillips

I do not think, appellee is entitled to the reward of 10 per cent, damages, and respectfully dissent from the decision of the majority of the court as to such matter.

The appellant failed to file the record with.in the ninety days after the appeal was perfected. After the expiration of such ninety days the appellee filed in this court his motion to affirm on certificate, accompanying the motion with a complete transcript, and the present hearing is on the motion to affirm on certificate.

An award of damage is only made after trial of the appeal on its merits. This is apparent from the language…