Dictograph Products Company, Inc. v. Sonotone Corporation, Emil Henry Greibach and S. Michael Pineles

On this appeal we may not consider any depositions or other evidence that were not filed in the district court when Judge Ryan decided the motion. It is true that under Rule 75(h) of the Rules of Civil Procedure, 28 U.S.C.A., we may on our “own initiative” direct that “a supplemental record shall he certified and transmitted by the clerk of the district court”; but obviously that should comprise only such “records” as were before the district court itself, for this court has no jurisdiction save to correct errors, and it cannot be an error to ignore evidence never presented to the court. The…