Hines v. Hines
U.S. Court of Appeals for the D.C. Circuit
Hines v. Hines, 43 App. D.C. 280 (D.C. Cir. 1915)
1915 U.S. App. LEXIS 2609
Hines v. Hines
Opinion of the Court
delivered the opinion of the Court:
Appellees now move the court to affirm the decree because, the statement of evidence having been stricken from the record, there is nothing left but the pleadings and the decree of the court. The motion is well taken.
There is no question raised on the pleadings. The hearing was on bill, answer, and evidence. The evidence having been stricken from the record, the decree must stand. Its correctness is to be presumed.
The decree is affirmed, with costs. Affirmed.
Reference
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- HINES v. HINES
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- Syllabus
- Appeal and Error; Dismissal of Appeal. . Where, on an appeal from a decree passed on the pleadings and the evidence, the statement of the evidence has been stricken from the transcript of the record by this court on motion of the appellee, as not having been presented to the court below within the time prescribed by the rules of that court, -the decree will be affirmed, as there is nothing left in the record but the pleadings and the decree appealed from.