Lindsey v. Supreme Lodge of Knights of Honor

The appellant failed to have a transcript of the record prepared for this Court and the appeal was docketed upon the production of the original papers from the office of the clerk of the Superior Court.

This was irregular and unauthorized, and I think the remedy of the appellee was to move to strike the case from our docket, or to present the certificate of the clerk of the Superior Court, and move to dismiss under Rule 17; but he did neither.

He moved to dismiss the appeal before a transcript was filed, and when no appeal was pending in this Court.

The appellant then filed a transcript and…