Bain v. Goss

Decided May 3, 1890

Indiana Supreme Court · decided 1890-05-03

<p>Practice. — Imperfect Record. — Failure to Incorporate Evidence. — Where the evidence is not in the record, and the record is not made up under the provisions of the statute, or the rules of the Supreme Court, in such a mode as to present the questions arising on the admission of evidence, or the rulings upon instructions, without the entire evidence, an appeal will not he sustained.</p>

Relies on Mercer v. Corbin · Jones v. Foley · McCoy v. State ex rel. Trucks

Good law ✅— No negative treatment on recordhow we know

Decided 1890-05-03

How this case has been cited

Cited by 5 later decisions — most recently May 1960

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Elliott, J.

¶1The evidence is not in record, nor is the record made up under the provisions of the statute or the rules of the court in such a mode as to present the questions arising on the admission of evidence or the rulings upon instructions without the entire evidence, and the appeal can not be sustained. We have repeatedly indicated that we should be glad to have the record so made up as to present questions without incorporating the evidence, and we repeat that we should be glad to encourage such a practice. Jones v. Foley, 121 Ind. 180; Mercer v. Corbin, 117 Ind. 450.

¶2It is, however, only where the record is properly made up under the statute or the rules of the court, that we can consider questions whiqji can not be fully undersood and decided without the evidence, in cases where the evidence is not in the record by a bill of exceptions. McCoy v. State, ex rel., 121 Ind. 160. This case belongs to that class.

¶3Judgment affirmed.