Richards v. William Beach Hardware Co.

THOMAS, Justice.

The rule in this jurisdiction is stated in Wilson et al. v. Horton, 212 Ala. 87, 89, 101 So. 740, 741, as follows:

“ * * * Where the record or the certificate of the clerk shows evidence omitted bearing upon the issue of fact we are called upon to review, or the nature of the omitted evidence does not appear, this court cannot review the findings of fact in the court below. * * *

“If, however, it affirmatively appears the omitted evidence related solely to issues not presented on appeal, and this court has all the evidence bearing on the questions we are called upon to review,…