Southern Pine Lumber Co. v. Martin

The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from an order of Judge Moore, and the sole question involved is whether or not a new trial is to be granted in á law case on the ground that the stenographer who took the testimony at the trial died without having transcribed his notes, and no other person could read his notes, notwithstanding that a case had been made and settled by the trial Judge. The Civil Code of Procedure, § 384, and Rule 5 of this Court (90 S. E. vii), provide how a case on appeal shall be prepared. There is no law or rule that requires the…