Yates v. Yates

U.S. Court of Appeals for the D.C. Circuit

Decided December 9, 1910

U.S. Court of Appeals for the D.C. Circuit · decided 1910-12-09

Hearing on a motion to dismiss an appeal. The appellee, Rebecca Tates, moved to dismiss the appeal on the ground that the transcript of record did not contain all of the evidence which was submitted to the court below, and considered by it in passing the decree appealed from, — six depositions for the plaintiff and eight depositions for the defendant having been omitted from the transcript.

Denied · Decided 1910-12-09

Mr. Chief Justice Shepard

¶1delivered the opinion of thp Court:

¶2It appearing from the record that there was a designation of the parts of the record below to be included in the tram script, directing the omissions referred to in this motion, aud no objection thereto, or further designation by the other side, it is probable that a suggestion of diminution of the record would now be too late. At any rate, it would require an affidavit accounting for failure to demand a complete record. The fact that a defective record has been brought up is ordinarily no ground for dismissing the appeal. The motion to dismiss is denied.