Smith v. Orleans Railroad

The opinion of the Court was delivered by

Manning, J.

The plaintiff moves to dismiss because the record is incomplete in this, that the answer in the original suit is omitted. The clerk certifies the transcript’s completeness except that paper, “ which cannot be found after diligent search.”

It appears a former appeal in this case was dismissed because the record did not eontain the same paper, i. e. the original answer, and the motion and order of appeal were also absent. Op. Book 57, p. 261. On appellant’s application for a rehearing, with accompanying affidavit of the clerk of the lower court…