Matthews v. . Copeland

The record upon which this cause was heard at the last term is somewhat conflicting as to the ac* tion of the court at the time of trial when the appeal was taken. The transcript’first sent up contains an entry of the judgment in these words: “ The plaintiff has leave to amend by inserting the name of the state as an additional pa;ty plaintiff without costs. Upon such amendment being made the demurrer is overruled and judgment given for the plaintiff, or the defendant has leave to answer, as of spring term, 1878, on or before the first day of fall term.”

An omitted part of the record which…