222 F. 884 | 6th Cir. | 1914
Motions recently decided and others now pending involving these rules justify a formal statement of our conclusions.
The same general view leads also to the conclusion that the perfecting of an appeal by the appro.val of a bond and the signing of citation does not deprive the trial court of jurisdiction to settle the evidence. It is true that for general purposes, jurisdiction over the cause is thereby ended, and that the shaping of this statement of evidence involves the decision by the judge of disputed claims; but, upon the whole, the proceeding is rather ministerial, and it sufficiently pertains to the making of the return to the appeal so that we think a statement of evidence so approved and filed cannot, for that reason alone, be stricken from the record.