Bowen v. Hughes

The opinion of the court was delivered by

Dunbar, J.

The motion to strike the statement of facts and dismiss the appeal in this case must be overruled. *443It would be inequitable, in our opinion, and not in harmony with the spirit of the law, to compel a party desiring to appeal to prepare his statement of facts before he had access to the judgment from which he desired to appeal. The mere oral announcement by the judge of his decision in the case is not, or at least might not be, a sufficient basis upon which to prepare a statement of facts, and appellant would have no right of access to the…