Foley-Wadsworth Implement Co. v. Porteous

Citations

• 7 S.D. 34
• 63 N.W. 155
• 1895 S.D. LEXIS 30

Syllabus

<p>1. An object of an additional abstract on the part of the respondent is to bring before this court some (natter in the record not contained in appellant’s abstract, or to show that some matter that should appear in the record, necessary to perfect the appeal, has been omitted, or to show that the matter contained in appellant’s abstract has not been correctly abstracted from the record.</p> <p>2. When an appeal is taken from an order, and the respondent claims that evidence was received on the hearing in the court below, not contained in the record, the proper practice is to bring the fact of such omission to this court by motion, supported by affidavits, or the certificate of the judge of the court making the order, or both, and not by filing an additional abstract.</p> <p>3. When an order is made in the court below, wholly or in part upon oral evidence, all such oral evidence must be brought to this court on an appeal from the order, by a bill of exceptions or statement settled by the judge; and the record on such appeal is not perfected, so that the case can be heard in this court, until all the evidence in the court below is properly made a part of the record, and brought before this court by an abstract or amended abstract.</p> <p>(Syllabus by the Court.</p>