Roanoke Railroad & Lumber Co v. Privette

Tbis is a motion by tbe defendant, upon notice,' to retas tbe costs against tbe plaintiff for tbe full amount of printing tbe record, upon tbe ground tbat all tbe parts of tbe record printed were necessary, and further, tbat wben tbe statement of tbe case on appeal was settled by tbe trial judge tbe appellee (plaintiff) insisted tbat tbe entire charge of Ms Honor should constitute a part of the record on appeal. The plaintiff has not controverted this statement.

Rule 32 provides: “Judge and counsel should not encumber the 'case on appeal’ with evidence or with matters not pertinent to the…