Robinson v. Tiemann

The testimony taken by the stenographer in this case on behalf of defendant was never transcribed owing to the death of the stenographer, and is consequently not in the transcript. Both parties ask that the case be remanded. The plaintiff asks that the judgment be avoided and reversed and that the case be remanded for a new trial de novo. The defendant prays only that the case be remanded for the exclusive purpose of taking anew the testimony and evidence on •behalf of the defendant without reversing and setting aside the judgment. ,We find no precedent for such action. But on the contrary in…