Moncure v. Curry

From a judgment for possession of real estate the tenant has appealed. No statement of proceedings and evidence is included in the record. Appellee has moved to dismiss upon the ground that without such a statement it would be impossible for this court to determine the issues presented.

Statements of proceedings and evidence are not required where a question of law arises upon the face of the record. But where the parties are properly before the court, the pleadings state a case, and the judgment conforms to the pleadings, matters which arise during the progress of the trial cannot be reviewed…