Bolte v. Schmale

On Rehearing.

It is a fundamental principle applicable to courts of equity as stated by Mr. Justice Storey in his work on equity pleadings “That which is not presented to the •court by the pleadings and thus made a part of the record, can not be judiciously decided or determined by the court. Every court must have a record. The pleadings in a case are a part of the mandatory record of the court; and every court is bound by its record.”' Storey’s Equity Pleadings, § 10, repeated in 7th Mayfield’s Digest, p. 691.

“It is as futile to prove matters or facts which are not alleged as it is to allege…