Smith v. Berry

Opinion op the Court by

William Rogers Clay, Commissioner

Affirming.

After filing with the clerk of this court copies of the-original judgment and of certain orders permitting the filing of certain amended pleadings, appellant moved for a subpoena duces tecum requiring the clerk of the trial court to transmit the original record. He also moved for a subpoena duces tecum requiring the clerk to transmit to this court certain original exhibits filed with the pleadings or offered in evidence. The first motion was overruled, but the latter motion was sustained. The record before us contains neither…