UNITED STATES SUPREME COURT DECISIONS ON-LINE

Where the certificate to the transcript of a record, on a writ of error, did not comply with subdivision 1 of Rule 8, and the record was not complete, not containing the pleadings, so that, under subdivision 3 of Rule 8, this Court could not hear the case, it was not dismissed, because it had been submitted on both sides on the merits and the defendant in error had not moved to dismiss it for noncompliance with the rules, although more than three years had elapsed since the filing of the transcript, but leave was given to the plaintiff in error to sue out a writ of certiorari to bring up the omitted papers.

The case is stated in the opinion.