Smith v. Brown

The case is in equity, and is triable here de novo. In order that there may be such a trial, the evidence in the lower court must have been preserved, properly certified, and filed within six months of the rendition of the decree. Attached to some shorthand notes we find a certificate of the trial judge that they are the shorthand notes of all the evidence in the trial of the cause wherein D. M. Smith was plaintiff and W. T. Brown and Nellie C. Sprague et al. were defendants. The shorthand reporter who took them retired from office, and thereafter he made a translation thereof, and under oath…