APPEAL AND ERROR.
An original paper introduced as evidence on trial could be made part of record on appeal only pursuant to court rule providing for judge or chancellor making necessary order in proper case, and such relief could not be granted on motion for certiorari to bring up such paper and have it made part of record on appeal (Rules of Supreme Court, rule 28).
Anderson, J., delivered the opinion of the court on motion for writ of certiorari.
Appellant moves the court for a writ of certiorari to bring up and have made a part of the record on appeal an original paper introduced as evidence on the trial.
Rule 28 of this court, 161 Miss. 907, provides as follows: "Original Papers — When Considered. Whenever it shall, in the opinion of the Judge or Chancellor, be necessary or proper that original papers of any kind should be inspected in the Supreme Court, such Judge or Chancellor may make such rule or order for safekeeping, transporting and return of such original papers as to him may seem proper; and such papers will be considered in connection with the transcript."
The rule provides the only method by which original papers can be made a part of the record on appeal. Brown v. Sutton, 158 Miss. 78, 121 So. 835.
Motion overruled.