McConnell v. Sullivan

Citations

• 37 Fla. 576

Syllabus

<p>1. A presumption against the correctness of the judgment should* not be indulged, in the absence of existing record evidence-that may overcome such presumption.</p> <p>2. The certificate of the clerk to a transcript of the record that it contains all the proceedings material to the appeal, when it is-apparent that there were other proceedings, can not control,, as the record alone must speak.</p> <p>3. In the absence of the issues upon which a case was tried, and any showing as to what the testimony tended to develop thereunder, the appellate court can not know that appellant was-harmed by the rendition of a judgment against him.</p>