Supreme Court of Alabama, 1883

Toon v. Finney

Toon v. Finney
Supreme Court of Alabama · Decided December 15, 1883 · Somebyille
74 Ala. 343

Toon v. Finney

Opinion of the Court

SOMEBYILLE, J.

— The present case seems to have been submitted to the chancellor, and decided by him, upon the pleadmgs and proof , the proof consisting of a very large number of depositions. These depositions have all been omitted from the record, and in their absence we are bound to presume *344in favor of the correctness of the chancellor’s decree dismissing the bill. The presumption is, that the allegations of the appellant’s bill were not sustained by the proof; and the decree is accordingly affirmed.

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