¶1— The present case seems to have been submitted to the chancellor, and decided by him, upon the pleadmgs and proof , the proof consisting of a very large number of depositions. These depositions have all been omitted from the record, and in their absence we are bound to presume *344in favor of the correctness of the chancellor’s decree dismissing the bill. The presumption is, that the allegations of the appellant’s bill were not sustained by the proof; and the decree is accordingly affirmed.
74 Ala. 343
Toon v. Finney
Decided December 15, 1883
Supreme Court of Alabama · decided 1883-12-15
<p> Rill m Fguity to set aside Awcurd. </p> <p>1. Presumption in favor of decree. — Where a decree is rendered on pleadings and proof, and the testimony is not set out in record, this court will presume that the decree was sustained by the proof.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1883-12-15
How this case has been cited
Cited by 7 later decisions — most recently March 1928
7 state decisions
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