Shull v. McCrum

■Salinger, J.

1. Appeal and error : ab- . stract of record : presumption. I. The appellees make the point that the appeal cannot be heard, because the abstract of appellant and the record contain no statement that same contain the evidence, because there is no certificate of any kind or character, and because it is not even shown that the case was tried by a court and jury.

We have to say: It is presumed;that the abstract contains the record. No affirmative statement that it contains the evidence, or otffier certificate, is iequired. And we think it sufficiently appears that the case was tried…