Rozer v. May

U.S. Court of Appeals for the D.C. Circuit
Rozer v. May, 43 App. D.C. 103 (D.C. Cir. 1915)
1915 U.S. App. LEXIS 2576

Rozer v. May

Opinion of the Court

Mr. Chief Justice

Siiepard delivered the opinion of the Court:

The statement of the evidence in this case having heretofore, by order of the court, been stricken from the record, the appellee, Henry May, moved to affirm the decree.

It appears that the cause was heard in the court below upon evidence in support of the bill and answers. Not being in the record,, it must be presumed that it supported the decree.

,The decree is therefore affirmed, with costs.

Affirmed.

Reference

Full Case Name
ROZER v. MAY
Status
Published
Syllabus
Appear and Error ; Record. A decree will, on appellee’s motion, be affirmed upon appeal, where the statement of the evidence in the case has been stricken from the record by order of the court, since the evidence upon which the cause appears to have been heard in the court below, not being in the record, must be presumed to have supported the decree.