Galvin v. Ostrander Fire Brick Co.

The opinion of the court was delivered by

Parker, J.

The state of the case submitted consists only of the “case agreed on by the parties or their attorneys” as provided in the District Court Appeal act of 1902, page 566. Comp. Stat., p. 2016, pl. 213b. This, as has several times been held in reported cases, is not sufficient. There must be a judgment record before this court, on which it may impress its ruling of affirmance or reversal; and the absence of such judgment record leads to a dismissal of the appeal. Essler v. Camden and Suburban Railway Co., 42 Vroom 180, 182; Boland v. Kaveny, Id.…