Elliott v. Elliott

PLEASANTS, Chief Justice.

Heretofore, in this cause, appellee filed a motion to dismiss the appeal on the ground that the transcript filed by appellant was defectively certified by the district clerk. Appellants made answer to this motion, and prayed for a writ of certiorari to the clerk to send up a properly certified transcript. With their answer and motion they filed a paper by the clerk waiving the issuance and service of the writ of certiorari. Appellants also presented with their motion a properly certified transcript and prayed that the same be substituted for the original transcript…