Second Decennial Edition Of The American Digest

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#wles v. Knowles, 91 N. E. 213, 205 Mass. 290. (Mass.1913) An appeal in a
proceeding, at law brings up only the ... of evidence, on the ground that the
petition did not state a cause of action, cannot be reviewed on a transcript. ... Only
questions of law apparent on the record can be considered by the Supreme
Court of the United States on a writ ... (U.S.C.C.A.1909) No question of law can
be reviewed on a writ of error except those arising on the process, pleadings, or
judgment, unless ...

The American Digest

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A Digest of All the Decisions of the United States Supreme Court, All the United
States Circuit & District Courts, & the Courts ... The record of. Garth Lumber Co. (
Mich.) cision. — McRae 60 N. W. 967. See. also, Julius Wlnkelmeyer Brewing
Ass'n v. ... the record contains a complete transcript of the record before the
district court. — Goldsmith v. Wix, 61 N. W. 718, 43 Neb. ... Where there is no bill
of exceptions, the only question presented on appeal is whether the pleadings
and findings ...

Page S Nebraska Digest

Author: Ernest Clifford Page
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A Digest of the Decisions of the Supreme Court of Nebraska, as Reported in
Volumes 1 to 60 of the Nebraska Reports, with ... Or Syllabus, and with
Cumulative References to American Reports, American State Reports, and
Northwestern Reporter, ... Held. that the record and affidavits disclosed a state of
facts sufficient to entitle the plaintiff to the relief asked; hence the ... 202.) Citations
.—Dorrington v. Meyer, 8 Neb. 213; Bigler v. Baker, 40 Neb. 331, 58 N. W. 1026;
Lichtenberger v.

The Northwestern Reporter

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We quote from the record again as follows: "To the giving of which instructions
marked Nos. ... Willis v. State. (Supreme Court of Nebraska. June 27, 1889.)
Appeal — Presumptioxs. Where a case is presented upon the transcript alone,
withont ...

The American Digest Annotated Key Number Series

Author: West Publishing Co., St. Paul
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a digest of all current decisions of all the American courts, as reported in the
National Reporter System, the official reports, ... of variance between the
pleadings and proof, and the record showing no variance, is not well founded. —
Ilowey v. ... Schrader v. Meyer, 95 N. E. 330. [b] (IV. J.) A brief, not signed by an
attorney of the state or by counsel of another state, ... the pages and lines of the
transcript where the testimony could be found, as required by Supreme Court
Rule 22, 55 N. E. vi, ...

Ruling Case Law

Author: William Mark McKinney
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Knotts, 181 Ind. 434, 104 N. E. 754, Ann. Cas. 1916D 868; Western Union Tel. Co
. v. Louisville, etc., R. Co., 183 Ind. 258, ... 1914D 423; American Nat. Bank v.
Funk (Okla.) 172 Pac. 1078, L.R.A.1918F 1137; Puffer v. Badley, 92 Ore. 360,
181 Pac. ... It is not the province of an appellate court to weigh the evidence as it
appears in the transcript but only to determine ... is in the record a fair quantum of
admissible and proper evidence to support the conclusions of the trial court; and
there is ...

Corpus Juris

Author: William Mack
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Civ. A.) 115 SW 272; Washington v. State, (Tex. A.) 16 SW 653. [a] In Montana,
where the record in an appeal from an order ... 33 NE "15. Compare Haggerty v.
Sans §e Skating Rink Co., 152 Ill. A. [a] A motion for a new trial copied into a
transcript constitutes no part of the record, and will not be considered by the
supreme court on appeal. Schollmeyer v. .... 119 (holding that exhibits attached to
the motion and constituting the evidence in support of it are a part of the
pleadings); Cox v.

Current Law

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St. u," in record. Berry v. Louis, R. Co., 214 MO. 593, 114 SW etc., ~l. did not
contain pleadings in action in which judgment ... Montague v. Kolkmeyer & C0. [
310. App] 120 SW 637. \Vhere judgment could be rendered on findings, where
such ... On appeal from order reviving dominant judgment where neither
transcript nor hill of exceptions contain pleadings in ... court of appeals would
infer or assume such findings in support of judgment. Ostrander v. State, 192
N. Y. 415. 85 NE 668.

1921 Annotations To Corpus Juris

Author: William Mack
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It is also a principle of general application under rules of court regulating briefs
that statements in appellant's brief, which ... or of such parts of the record as are
claimed to present the error or errors relied on for reversal.02 And where
appellant's ... in the motion for new trial, unless appellee claims the contrary, in
which ease the transcript will be examined to settle the ... State. 50 Ind. A. 617, 98
NE S39; Inland Steel Co. v. Harris. 49 Ind. A. 157, 95 NE 271; Gelsendorff v.
Cobbs, 47 Ind. A.

The Southwestern Reporter

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On appeal in a chancery cause, the decree must be reversed, if there is no
evidence in the record to support it. ... Bradbury v. Donnell (Mo. App.) 21. 8 907.
In the absence of a bill of exceptions, the Supreme Court in a law case will ... of
evidence to the contrary, it will be presumed that all of the evidence certified in
the transcript was before the trial court. ... Cox v. American Ins. Co. of Newark.
N. J. (Mo. App.) 476. 8 916. In the absence of a complete record, it will be ... State
(Ark.) 668.