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45 Ind. App. 644

Peters v. Peters

Indiana Court of Appeals

Decided April 6, 1910

Indiana Court of Appeals · decided 1910-04-06

<p>Appeal. — Evidence Rot in Record. — Where the only question raised on the judgment appealed from requires a consideration of the evidence, and the evidence is not in the record, the judgment will be affirmed.</p>

Cited by 1 later decisions — most recently December 1929

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1910-04-06

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Comstock, J.

¶1Motion by appellee to dismiss this appeal, for failure to comply with the rules of this court and other reasons. Without considering the motion, we have read the record and appellant’s brief, and find that the only question discussed requires the consideration of the evidence. It affirmatively appears from the.record that the judgment and decision was rendered in favor of appellee upon her cross-complaint. No attempt is made to make the evidence upon the issues formed on this pleading a part of the record.

¶2Judgment affirmed.

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