United States Fidelity & Guaranty Co. v. White

Mississippi Supreme Court October 15, 1913

United States Fidelity & Guaranty Co. v. White, 106 Miss. 28 (Miss. 1913)

63 So. 329

Cook

Opinion of the Court

Cook, J.,

delivered the opinion of the court.

According to the record, appellant, plaintiff below, proved its case in a rather crude manner, but we think enough was proven to escape a peremptory instruction, and the judgment is therefore reversed and the cause remanded.

The record in the case entirely ignores the rules of this court. • Two-thirds of the matter copied into the record is dead wood and imposes upon the losing party a tax *31wholly unwarranted and grossly excessive. This is not the first instance that records coming here from this county have been burdened with redundant matter; and it will be ordered that no costs will be allowed to the clerk of the circuit court for this transcript.

Reversed and remanded.

Reference

Full Case Name: United States Fidelity & Guaranty Co. v. F. L. White
Cited By: 3 cases
Status: Published
Syllabus: 1. Principal and Surety. Actions ~by surety. Sufficiency of evidence. Cost. Transcript. Rule 2, supreme court. In a suit hy a surety against an employee for money paid the employer on account of the default of the employee, under the facts as shown in the record a peremptory instruction should not have been given for the defendant. 2. Cost. Transcript. Contents. Rule 2 of the supreme court. Under Hule 2 of the supreme court providing that “a transcript shall not contain any part of the case except the pleadings, evidence, instructions, bills of exceptions and the order, judgment, or decree appealed from, unless the appellant shall, by writing, request other matters specified, to be embraced in the transcript, a copy of which request shall be annexed to the transcript,” a clerk who incorporates other matter in the record in violation of said rule will not be allowed cost for such transcript.