Grand Lodge, Knights of Pythias v. Hermione Lodge No. 16, Knights of Pythias

On Rehearing

SIMPSON, Justice.

In the brief accompanying the application for rehearing in this case counsel for appellee charges that we have flagrantly transgressed the rule that where the record on appeal fails to contain all of the evidence introduced on the trial of a cause, the appellate court will not review a judgment or decree on the facts, but will indulge the presumption that that evidence which is omitted from the record would sustain the conclusion of the trial court. The proposition is fortified by many citations of authority and quotations therefrom. As a basis for his contention,…