McDaniel v. Brakefield

1. Diligence requires that counsel for plaintiff in error'should ascertain whether their case has reached this court, and this information must be acquired in time to have the papers on file, by some appropriate proceeding, before the conclusion of the call of the cases on the circuit to which it belongs.

2. When the clerk of the court below makes affidavit that he has forwarded by mail the transcript of the record and the original bill of exceptions to the clerk of this court, and the papers fail to arrive, a copy of the bill of exceptions may be established, provided the motion be made…