Beard v. Beard

This appeal mnst be decided on matters of procedure.

Appellant has sought to appeal from a decree of the chancery court concerning, monthly payments of maintenance. The record contains only the pleadings and decree.

I. Absence of the Evidence. At the threshold, appellant is met with a motion to affirm because of the absence of evidence; and appellant does not deny that the chancery court heard oral evidence before rendering the decree. Since none of the evidence is in the transcript, and the decree does not purport to incorporate the evidence upon which the case was heard, we must, under the…