Record

Record, in its broadest sense, is a written memorial, public or private, of what has been said or done. It is ordinarily applied to public records only, in which sense it is a written memorial made by a public officer, judicial, legislative, or executive, authorized by law to perform that function, and intended to serve as evidence of something written, said, or done.

6 Call (Va.) 78; 1 Dana (Ky.) 595; 49 Maine 345; 101 111. App. 490.

Any record required by law to be kept by an officer, or which he keeps as necessary or convenient to the discharge of his official duty, is a public 'record.

15 Wall. (U. S.) 123; 123 Ind. 197; 1 Pa. St. 224.

A judicial record is the written memorial of proceedings had in court, kept by the proper officers of the court. The common-law record was an enrollment of the pleadings, a statement in formal language of each proceeding had in the progress of the cause, and the judgment. Steph. PI.

61.

The more common modern practice is to file the pleadings, etc., with the clerk's entries of proceedings on the trial without enrollment. In Appellate Practice. The term "record" is used in two senses, as comprising, generally, all the matters certified and transmitted by the lower court to show the proceedings therein, and in a more limited sense as signifying only the record proper, and not the abstract or bill of exceptions. In this limited sense, it includes the pleadings (22 111. 326), the process, and the return thereof (22 Me. 442), the verdict" (60 111. App. 580) or findings (34 Minn. 330), and judgment (60 111. App. 580), but not the clerk's minutes (94 N. Y. 508), the opinion of the court below (140 111. 637), interlocutory motions or orders (82 Ind. 624; 109 111. 245), the evidence (23 Mich. 526; 91 U. S. 127), though documentary (87 Ind. 221), nor the instructions (72 U. S. 663; 119 Ind. 35).