Hogg v. Jenifer Iron Co.

This appeal is from the final decree rendered on a submission of the cause on the pleading and proof, and is here submitted without suggestion of a diminution of the record, or motion for certiorari to perfect it, under rule 19 of Supreme Court Practice (Code 1923, vol. 4, p. 885).

It is conceded by the appellant that the record is incomplete in that a part of the testimony — that given orally in the presence of the trial court and taken in shorthand by the court reporter — embraced in the submission, is omitted from the record. We find appended to the record a petition praying for mandamus or…