Marshallan Manufacturing Co. v. Brack

Respondent made a motion to dismiss the appeal in this cause. The motion was made upon the ground that appellant did not comply with rule 4b of the Rules on Appeal.

Respondent asserts, and the record indicates that he is correct, that appellant requested the preparation of the reporter’s transcript of the testimony of only some of the witnesses and not of all of the witnesses, and that appellant did not state “the points to be raised by him on the appeal.”

Rule 4b of Rules on Appeal provides insofar as we are here concerned, as follows:

“. . . If the appellant, in his notice to the clerk, states…