Foshee v. Mims

Appellees filed in this court prior to submission of this cause their motion to strike the transcript of record and to dismiss the appeal. The motion contains twenty-three grounds, which may be summarized: (1) That the transcript of the evidence taken ore tenus has not been lawfully transcribed and authenticated by the official court reporter of the trial court; (2) for that the ex-officio register of the trial court failed to certify that the transcript is complete as-provided in Title 7, § 767, Code 1940.

We think that all the grounds of the motion are without merit. It is to be noted that…