Castro v. Illies

A motion has been submitted, to strike out certain parts of the transcript of the record sent to this Court, as irrelevant and as being no part of the record in this case. The Act of the Legislature prescribing the duties of Clerks, in cases of appeals and wriis of error, requires him to “ to make up a full and perfect record of all proceedings in such case.” (Hart. Dig. Art 792, 793.) The same law prescribes a penalty for a failure, on the part of the Clerk, to conform to its provisions. The question is, then, always, What is a part of the proceedings in the case ? All the proceedings must…