Stanley Matthews

“ In an action by ordinary proceedings, and in an action by equitable proceedings, tried in whole or in part on oral testimony, all proper entries made by the clerk, and all papers pertaining to the cause and filed therein, except subpoenas, depositions, and other papers which are used as mere evidence, are to be deemed part of the record. But in an action by equitable proceedings, tried upon written testimony, the depositions, and all papers which were used as evidence, are to be certified up to the supreme court, and shall be so certified, not by transcript, but in the original form. ”

“ Rep. 387 'mandamus lies to compel a court to take jurisdiction in a proper case, but not to control its discretion while acting within its jurisdiction.' In that case the motion for the writ was denied, because the court below, having entertained jurisdiction of the cause, had dismissed it for want of due prosecution that is to say, because errors had not been assigned in accordance with the rules of practice applicable to the form of the action, although the statement in the report does not sufficiently recite the facts from the record on which the opinion is based. ”

“ H. Parker and J. F. Boyer, do hereby certify that the foregoing evidence, consisting of five packages or bundles numbered one, (1,) two, (2,) three, (3,) four, (4,) and five, (5,) is the evidence written down before me and taken in said action, and that the same, with the documentary evidence returned herewith by me into court, constitute the evidence submitted to and taken by me in said action. ”