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eBook details

• Title: Bush v. Mattingly
• Author : Arizona Supreme Court
• Release Date : January 07, 1945
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

Judgment in favor of appellees was entered on February 11, 1948, following a verdict in their favor. Within the time prescribed by the rule appellant filed a motion for a new trial followed by an amended motion and a second amended motion. In the latter motion it was alleged and not controverted that the court reporter who had reported the evidence was temporarily incapacitated and that appellant would not be able to perfect his record within ninety days from the date of giving notice of appeal. The motion for a new trial was denied. Notice of appeal from the judgment was filed April 12th. By timely order the time within which to transmit the record on appeal was extended for the full ninety-day period. See section 21-1817, Arizona Code Annotated 1939. After the appeal was lodged in this court appellant applied for an order extending the time within which to secure a transcript of the evidence, setting up that the court reporter was still unable to prepare the transcript due to physical illness. On this showing an order was made extending the time within which to complete the record on appeal to December 1, 1948. On this date appellant filed a motion requesting this court to direct the trial court to grant him a new trial on the ground that he cannot be heard on appeal from the judgment rendered due to the fact that it then and now appears that no transcript of s can ever be had because of permanent disability of the reporter. It was also shown on sufficient proof that no other person could transcribe these particular notes. It thus appears that appellant through no fault of his is unable to secure a transcript of the s of the evidence and will be precluded from effectually prosecuting his appeal since he asserts that only by a complete transcript of the testimony can he present the issues of his appeal.

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