National Bank v. Insurance Company

National Bank v. Insurance Company. Where the record has not been printed, a motion to dismiss an appeal or a writ. of error will not be considered where there is any question about the facts on which the motion rests. Motion to dismiss an appeal from the Circuit Court of the United States for the Eastern District of Missouri. Mr. James O. Broadhead in support of the motion. Mr. Luden Baton, contra. [MAJORITY — Mr. Chief Justice Waite] Mr. Chief Justice Waite delivered the opinion of the court. The further consideration of this motion is postponed until the cáse is heard on its merits. The record has not been printed, and counsel do not agree as to what it contains. We will not decide motions to dismiss before the record is printed, when there is any question about the facts on which the motion rests. In order to get a decision before printing, the motion papers must present the case in a way which will enable us to act understandingly without referring to the transcript on file.