Tingley v. Tingley

The defendant in error moves to dismiss this appeal for want of a positive averment by way of independent recital that the ease-made contains all of the evidence produced on the trial of the cause. It is also averred in connection with this motion that the evidence incorporated in the. cas'--made is actually incomplete; that certain documents offered and introduced in evidence are omitted.

We shall consider first the basis of the motion independent of the averment of incompleteness.

The independent recital which is absent from the case-made before us would, if incorporated, consist of an…