Community State Bank v. Durbin , 121 Ind. App. 229 ( 1951 )

ON MOTION TO CORRECT TRANSCRIPT

Per Curiam.

Appellees have filed a verified motion stating that the official shorthand reporter in transcribing her shorthand notes taken at the trial inadvertently omitted part of an answer to a question. This statement is supported by the affidavit of the reporter and the certificates of the trial judge and clerk of the court.

Appellees ask “that said omission above mentioned be inserted as a permanent part of the transcript of evidence given in this cause.”

It is said in II Watson’s Rev., Works’ Practice 668, §2097:

“The application to amend a bill of exceptions can not be made in the court to which an appeal has been taken. An appellate tribunal has no power to correct the record as it is certified by the clerk of the trial court. But after the bill has been corrected by the trial court, the corrected bill may then be brought up to the court in which the appeal is pending by a writ of certiorari, and it will then supersede the erroneous record.”

See also: Wabash, etc., Cement Co. v. Evarts (1923), 79 Ind. App. 371, 135 N. E. 491, 135 N. E. 801; Morgantown Mfg. Co. v. Hicks (1909), 43 Ind. App. 32, 86 N. E. 856.

Appellees’ motion is overruled.

Note. — Reported in 95 N. E. 2d 310.