Harris v. Hall

BOULDIN, Justice.

The record shows a note of testimony offered by complainant on submission for final decree, but no note of testimony by-respondent.

Chancery rule 75 expressly provides that . testimony not noted, “must not * * * be considered by the chancellor.”

On appeal this court can consider only the testimony before the trial court. Jones v. Moore, 215 Ala. 579, 112 So. 207; Harrod v. State, 225 Ala. 669, 145 So. 137; Flagg et al. v. Florence Discount Co. et al., 228 Ala. 153, 153 So. 177.

This rule, so long and well settled, was directly called to the attention of the court and counsel for…