Bain v. Goss

The evidence is not in record, nor is the record made up under the provisions of the statute or the rules of the court in such a mode as to present the questions arising on the admission of evidence or the rulings upon instructions without the entire evidence, and the appeal can not be sustained. We have repeatedly indicated that we should be glad to have the record so made up as to present questions without incorporating the evidence, and we repeat that we should be glad to encourage such a practice. Jones v. Foley, 121 Ind. 180; Mercer v. Corbin, 117 Ind. 450.

It is, however, only where the…