Missouri, Kansas & Texas Railway Co. v. Herring

On the 30th of November, 1909, appellee herein filed his motion to strike out the original statement of facts and dismiss this appeal, on three grounds: First, because said statement of facts was not an agreed statement of facts; second, because the statement of facts as found in the record is not such statement as the law contemplates should be filed by the judge in the absence of an agreement of the parties. Third, because a duplicate copy of said statement has never been made or filed as required by law.

The statement as found in the record contains the proper style and number of the cause…