Pottash v. Dry & Co.

CHARLES A. CARROLL, Circuit Judge.

November 22,1955: This cause came on to be heard on the appeal. Appellee challenges the record — contending that there is no record of the testimony or proceedings in the trial court to support the appeal. It appears to this court that further opportunity should be furnished to prepare and certify a record of the testimony.

This cause presents a somewhat unusual situation. The trial was held without a jury, in the civil court of record. The judge *176who tried the case is no longer a member of that court. It appears from statements of counsel before me that the…