Capehart v. Kader Biggs & Co.

In this court a diminution of the record was suggested, and on motion of the plaintiff’s counsel, a writ of certio-rari was issued to the clerk of the superior court of Northampton county, directing him to make out and transmit to this court .a correct transcript of the record in this case.

In return to the certiorari, the clerk sends up another transcript, accompanied with his certificate, that the record heretofore sent to this court was, in all respects, correct, except as to the expression, “notice of appeal waived”; said expression was inadvertently put by him in the case. He says it…