Jones v. Mullin

BROWN, Justice.

This appeal is by the defendant from a judgment rendered in favor of the appellee in an action of common assumpsit for work and labor done and material furnished in making repairs on a truck and tractor for the defendant. Trial resulted in a verdict and judgment for the plaintiff on March 25, 1948. Motion for a new trial seasonably filed was overruled April 12, 1948. The transcript of testimony made by the reporter was filed with the clerk on the 14th of October, 1948.

Motion is made here by the appellee to strike the transcript of testimony as filed on the ground that it was…