88 Iowa 205 | Iowa | 1893
The appellee, in support of his contention that the translation of the notes must be filed within six months from the date of the rendition of the judgment, refers to Lowe v. Lowe, 40 Iowa, 220, and Harrison v. Snair, 76 Iowa, 558. It appears in the case at bar that a duly certified skeleton bill of exceptions was filed with the clerk of the district court of Jones county within the time given to file a bill of exceptions. The notes of the shorthand reporter, which were then on file, were properly made part of said bill. In the Lowe case neither the notes nor a translation of them was ever filed in the lower court, or made of record therein. In Harrison v. Snair no translation of the notes was ever in the clerk’s office.
We held in Hampton v. Moorhead, 62 Iowa, 95, that it was competent to make a skeleton bill of exceptions, and incorporate the original notes by mere reference, and that when such a bill was made and filed the original notes were by it made a part of the record, and the record was thus made complete, so far as the evidence embraced therein was concerned. It is there held that the transcript of the notes is only necessary for the pui’pose of making the record, the notes, intelligible to others than the reporter. It is true, that was an equitable action. In Hammond v. Wolf, 78 Iowa, 228, it is said that in civil cases, not triable de novo, there is no time fixed by statute within which the translation of the shorthand reporter’s notes must be filed; they should be filed before the clerk is required to prepare a transcript of the record for this court. Warbasse v. Card, 74 Iowa, 309. In the Hammond case it is further said: “Since there is no provision of law fixing, in terms or by necessary implication, the time within which the translation of the shorthand reporter’s notes shall be certified and filed in civil actions at
Much testimony was offered which, it is claimed, was erroneously ruled out. An examination of the abstract and transcript satisfies us that the proposed