Pittenger v. Kennedy

Citations

• 148 Pa. 198
• 23 A. 1039
• 1892 Pa. LEXIS 947

Syllabus

<p>Supreme Court practice — Exception to paper book — Omission of material evidence.</p> <p>Where an assignment of error depends upon a consideration of the evidence, such evidence must be made a part of, and returned with, the record. Where a case depends upon the evidence, and a material portion of it is omitted, the Supreme Court cannot do otherwise than affirm the judgment.</p> <p>Graff v. Barrett, 29 Pa. 477, followed.</p> <p>. In an action of trespass, a map of a survey of the premises offered by defendant was objected to by plaintiff and admitted. On appeal, appellant’s paper book did not contain a copy of this map, although it was referred to both in the charge of the court and appellant’s argument. Appellee excepted to plaintiff’s paper book on this ground.</p> <p>Held, that the exception should be sustained and judgment affirmed.</p>