Lindley v. Dakin

Suit upon the covenants in a deed conveying real estate. Final judgment for the defendant.

It is urged, as one ground for the reversal of the judgment, that it wrongly embraces costs. But no motion for *389a taxation of costs was made below; the Court was not asked to make a ruling upon the subject, and there is, consequently, none to be complained of here.

Again, it is said the judgment is wrong upon the evidence. But the record does not purport to bring the evidence in the cause before this Court. It states that all the testimony is embodied in it. Testimony is not synonymous with evidence. It is…