
    Keefer et al. v. Myers et al.
    
      Printed record — Jurisdiction in error — Section 6711, 'Revised Statutes —Court will not, on motion, consider merits oj case, when— Stipreme Court practice.
    
    When a printed record has been filed with the clerk of this court for the purpose of complying with the requirements of section 6711, Revised Statutes, that “ so much of the record to be reviewed as will show the error complained of shall be printed, ’ ’ the court will not, on motion of the defendant in error, enter upon a consideration of the merits of the case to determine, whether enough of the record has been printed, for a failure; in that regard can in no event operate to his prejudice.
    (Decided November 1, 1898.)
    Error to the Circuit Court o^ Stark county.
    The defendant in error files a motion to dismiss the printed record filed in this ease by the plaintiff in error for the following reasons:
    
      1. Because said record does not contain all of the testimony offered and admitted in said cause, necessary to be reviewed upon the errors complained of. in said plaintiff’s petition in error, to-wit: the deposition of Charles W. Robinson, the assignor, which was used in said cause in the court below and which was part of the bill of exceptions allowed by the court in this case.
    2. Because of other, testimony offered in said cause necessary to be reviewed upon the error complained of in said petition in error and which -does not appear in said printed record.
    The motion is supported by affidavits showingthat upon the trial of the cause, below the defendants in error relied upon, the testimony not printed.
    
      Baldwin & Shields, for the motion.
    
      Stealing & Werntz, contra.
    
   By’the Court.:

It is required by section 6711, Revised Statutes, that “When a petition in error is filed in the Supreme Court, so much of the record to be reviewed as will show the error complained of, shall be printed and ten of the printed copies thereof filed with the papers, which printing the plaintiff in error may have done, or he may deposit with the clerk sufficient money to pay the costs thereof,” etc. The result of a failure to file a printed record for the purpose of complying with this requirement is declared by the statute to be that the petition in error] shall be dismissed, unless for cause the court orders the omission of such printing or the extension of time '.therefor. But when there is an attempt to comply with this requirement of the statute, the court will not on motion, enter upon a consideration of the merits of the case to determine whether sufficient portions of the record have been printed. Whether upon the submission of the cause the judgment is affirmed because enough of the record to show the error complained of has not been printed, or the court examines other portions of the record to see whether an error apparent upon the portion printed was cured, does not concern the defendant in error. A failure to comply fully with the requirement of the statute can in no event operate to his prejudice. The motion, therefore, anticipates the consideration of the case upon the merits. It will be

Overruled.  