Hubby v. Harris
Hubby v. Harris
Opinion of the Court
This cause comes before this court without any of the pleadings of either, party in reference to the matter of litigation in the cause, under an agreement of counsel that the petition and answer be omitted from the transcript.
This agreement has not the approval of the district judge, as required when a portion of the proceedings are omitted from the transcript, under article 1413, R. S. Nor does the transcript exhibit an agreed case made under the provisions of article 1414, R. S., and approved and signed by the district judge, as in that article' permitted;
In the absence of a compliance with the articles of the Revised Statutes referred to, the transcript must “ contain a full and correct copy of all the proceedings had in the cause.” R. S., 1411.
The statutes referred to indicate what the transcript must contain, and unless some of the articles referred to are complied with, the appeal must be dismissed; and it is so ordered. .
Dismissed.
[Opinion delivered February 20, 1883.]
Reference
- Full Case Name
- H. S. Hubby v. C. H. Harris
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Practice — Transcript.— When the transcript in a case appealed to the supreme court comes up without containing the pleadings of either party, and this by agreement of counsel and without the approval of the district .judge of such omission (the case not being an agreed case under article 1414), the supreme court cannot know that there is any subject matter of litigation, and the appeal will be dismissed.