Opinion by

A part of one of appellee’s depositions is missing from the record, and the clerk certifies that it is missing from his office; and as the decision of the case depends wholly upon questions of fact, we are bound by a well-established rule, often recognized by this court, to presume, in the absence of a part of the evidence heard by the court of original jurisdiction, that the judgment is right.

Wherefore the judgment is affirmed.