Opinion
No. 39580.
March 16, 1955.
1. Appeal — motion to dismiss sustained — failure to give ten day notice to court reporter.
The giving of notice within statutory period of ten days after adjournment of Court, to the court reporter that copy of notes is desired, is jurisdictional and unless this requirement is complied with, transcript possesses no validity and where record reflected that court reporter was not given such notice until twenty-three days after adjournment of Court, motion, in Supreme Court, to strike transcript of evidence from record was sustained. Sec. 1640, Code 1942.
Headnote as approved by Lee, J.
APPEAL from the Circuit Court of Lee County; RAYMOND T. JARVIS, Judge.
Shands Shands, Tupelo, for appellant.
C.R. Bolton, Tupelo, for appellee.
Appellee's motion to strike the transcript of the evidence taken on the trial of the cause must be sustained because the court reporter was not notified in writing that a copy of the notice was desired until 23 days after the adjournment of the court, when such notice was required to be given within 10 days after the adjournment of the court. Section 1640, Code 1942.
(Hn 1) The giving of this notice within the specified period of 10 days has been repeatedly held to be jurisdictional; and unless this requirement is complied with, the transcript possesses no validity. Shaw v. Bula Cannon Shops, Inc., 205 Miss. 458, 38 So.2d 916; American Creosote Works, Inc. v. Rose Bros., Inc., 211 Miss. 173, 51 So.2d 220; Ivy v. Robertson, (Miss.) 70 So.2d 862; and authorities there cited.
Motion to strike sustained.
McGehee, C.J., and Hall, Kyle and Holmes, JJ., concur.