Nash v. Harris

McKee, J.:

This is an appeal from an order sustaining a motion to set aside a judgment rendered against the respondent. •

The presumption in this Court is, that the motion was properly sustained; and the burden is upon the appellant to show that the decision of the Court below was erroneous. This can only be shown by the record of the proceedings which has been brought before us. An appellate tribunal cannot take judicial knowledge of proceedings in lower Courts. It can only act upon *243a record of the proceedings authenticated in the mode required by law.

When the motion was argued and decided in…