Johnson Ford Co., Inc. v. Lewan

The motion now before us is that of defendant to strike a document entitled “Statement of Facts” filed by plaintiff in the trial court as part of the record in this case. The “Statement of Facts” bears a certification by the trial judge that it is a “correct, full and true statement of the facts material to” the controversy, and indicates that it may be incorporated in the record on appeal in lieu of a report of proceedings.

In the trial court plaintiff gave due notice to defendant that on December 21, 1965, it would move for certification of the “Statement of Facts” by the trial judge. On…