Legal Opinion

Evans v. Ham

Mississippi Supreme Court

Decided October 15, 1909PublishedCited by 2 opinions

MOTION TO STRIKE FROM THE RECORD THE STENOGRAPHER’S; TRANSCRIPT OE -THE TESTIMONY. From the circuit court of, second district, Jones county. Hon. Paul B. Johnson, Judge. Evans, appellant, was plaintiff in the court below; Ham, ap-pellee, was defendant there. From a judgment in defendant’s-favor the plaintiff appealed to the supreme court. When the case reached the supreme court the defendant made the motion mentioned in the opinion of the court.

1Opinion of the Court

Mayes, O. J,,

delivered the opinion of the court

This case is before the court on motion of appellee to strike out the stenographer’s notes. The only grounds specified in the motion as cause for striking out of the stenographer5s notes is, first, because the appellant failed to deliver the notes to the attorney representing appellee as required by section 797a., *343page 93, Laws of 1910; and second, that tbe notes were not delivered to tbe attorney for appellee until more than thirty days after tbey were filed in tbe office of tbe circuit clerk.

There is no attempt on tbe part of appellee to make…

2Cited by2 opinions

  1. Lumber Mineral Co. v. KingMississippi Supreme Court · 1910
  2. Manar v. SmithMississippi Supreme Court · 1959

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