WEMYSS v. VIENS

No. 983.

211 A.2d 238 (1965)

James C. WEMYSS, Jr. v. Raoul and Theresa VIENS.

Supreme Court of Vermont.

May 6, 1965.


Attorney(s) appearing for the Case

Harry Witters, St. Johnsbury, for plaintiff.

Lee Emerson, Barton, for defendants.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.


PER CURIAM.

Through no fault of the defendants, a transcript of the trial testimony in this case is unobtainable. This did not come to light until after a notice of appeal had been filed and an order for the transcript placed, all within season, in February, 1963. Diligent and protracted searches have failed to turn up the original stenographic notes taken at the trial.

After it became apparent that the testimonial record was irretrievably lost, the defendants...

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