Chenault v. Adams Machine Co.
Mississippi Supreme Court
From the circuit court of Attala county. Hon. George A. McLean, Judge. Chenault, appellant, was plaintiff in the court below; the Machine Company, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. The appellee moved the court to strike from the record the stenographer’s report or notes of the evidence.
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From the circuit court of Attala county. Hon. George A. McLean, Judge. Chenault, appellant, was plaintiff in the court below; the Machine Company, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. The appellee moved the court to strike from the record the stenographer’s report or notes of the evidence. The facts upon which the motion was based are stated in the opinion of the court. [The briefs of counsel on the motion could not be found by the reporter, hence synopses of them are not given.]
1Opinion of the Court
Mayes, C. J.,
delivered tbe opinion of tbe court on the motion.
There is a motion filed in this cause to strike out the stenographer’s notes, because filed after the time allowed by law. We may say in the outset that after the most careful inspection of this record we have failed to find that the stenographer’s notes were ever marked “Filedbut, since counsel on both sides seem to agree that the notes were filed on the 27th day of December, 1909, we waive this question, and consider the case as if it appeared that the notes were filed on above date.
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