Primrose v. Armstrong Machinery Co.

Citations

• 23 Idaho 551
• 131 P. 14
• 1913 Ida. LEXIS 94

Syllabus

<p>Dismissal of Appeal — Certification of Records — Identification of Exhibits.</p> <p>1. Where the record sent up on appeal leaves it in doubt as to -whether all the evidence in the case has been sent up, and there is reason to believe from the contents of the record that material exhibits have been omitted, an appellate court will not examine such record with a view to determining and passing upon the ease upon its merits.</p> <p>2. Record examined in this ease, and held that it is so indefinite and uncertain and the settlement and certification thereof is so irregular as to require a dismissal of the appeal.</p>