Cheek v. Thompson

PORTERIE, District Judge.

This case was filed under a pauper’s oath, signed only by the plaintiff. On April 28, 1939, at the moment of opening the trial on the merits, the court reporter addressed counsel for plaintiff and asked if it were the desire of plaintiff to have the case stenographically reported. Counsel for plaintiff answered in the negative.’ Then counsel for defendant directed the court reporter to take the case, saying that he would pay for the taking of the note of evidence, as the defendant desired, in the contingency that the case were decided against it, to be enabled to take…