67 So. 210 | Miss. | 1914
delivered tbe opinion of tbe court.
Tbis is a motion to docket and dismiss for tbe reason that tbe record in tbe cause bas not been filed in tbis court. Tbe judgment appealed from was rendered on the 28th day of May, 1914, and tbe appeal was perfected by tbe filing of an appeal bond on tbe 4th day of July, following.' Tbe record therefore was returnable to tbis court, under sections 4902 and 4906 of tbe Code, on tbe third Monday of January, 1915.
Since the failure of the clerk below to file the record ■on the return day has not operated to materially prejudice the rights of appellee, a writ of certiorari will be Issued to the clerk of the court below directing him to send up forthwith whatever record in the cause he may have on file in his office. In event the stenographer’s transcript has not yet been filed with him, his compliance with this writ will not prevent him from thereafter certifying to this court such transcript in event it should thereafter be filed, and whether or not it is then properly a part of the record will arise only in event a motion
Motion overruled, and certiorari awarded.
Overruled.