Stelloh v. Liban

The appeal comes before us without a bill of exceptions. Without a bill of exceptions, which is now designated a transcript of the reporter’s notes by the new rules of this court, sec. 251.25, Stats., the scope of our review is necessarily confined to the record before us. Nichols v. United States Fidelity & Guaranty Co. (1961), 13 Wis. (2d) 491, 109 N. W. (2d) 131. Obviously, if no testimony is preserved on appeal, this court is powerless to review a question of fact dependent upon it or to determine the sufficiency of the evidence to support the verdict or the findings. In such cases we…