Toledo, St. Louis & Kansas City Railroad v. Cosand

The complaint in this action was originally in two paragraphs. The plaintiff dismissed as to the first paragraph, the cause was put at issue, there was a trial by jury, and a verdict in favor of appellee. In the brief of appellant’s counsel, there is some discussion as to the averments of the first paragraph of the complaint, and questions which might arise thereunder in *223the evidence, but this was done under the evident apprehension that the paragraph was in the record. The completion of the record by the return to the certiorari eliminates that paragraph from the transcript, and consequently…