Indiana Court of Appeals, 1929

Emulsified Asphalt Co. v. City of Columbus

Emulsified Asphalt Co. v. City of Columbus
Indiana Court of Appeals · Decided August 29, 1929 · McMahan
167 N.E. 918; 89 Ind. App. 718; 1929 Ind. App. LEXIS 267 (North Eastern Reporter)

Emulsified Asphalt Co. v. City of Columbus

Opinion of the Court

McMahan, C. J.

The only question involved in this appeal requires a consideration of the evidence which appellee insists is not in the record. Appellant has made no attempt to correct the record so as to overcome appellee’s objection. On the authority of Johnson, Admr., v. Johnson (1901), 156 Ind. 592, 60 N. E. 451; Butt v. Lake Shore, etc., R. Co. (1902), 159 Ind. 490, 65 N. E. 529; and Robinson v. Smith (1917), 64 Ind. App. 119, 115 N. E. 336, we hold the evidence is not in the record.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.