Mansaur v. Anding

LE BLANC, Judge.

This matter is before us on rehearing on defendant appellant’s motion to remand the case to the district court to be there tried over. This motion was met with a counter motion on behalf of the plaintiff appellee that the appeal be dismissed, and whilst he seriously objected to a remand of the case, he asked that if his motion to dismiss was overruled that the remand be restricted to the taking of testimony concerning the loss or disappearance of the transcript of appeal. The facts and circumstances leading to 'the status of the case at that time are fully set out in the…