New v. New

• Court: Indiana Supreme Court
• Writing for the Court: Elliott, J.
• Citation: New v. New, 95 Ind. 366 (Ind. 1884)
• Decision Date: 26 April 1884
• Docket Number: 11,107
• Parties: New v. New

95 Ind. 366

New v. New

No. 11,107

Supreme Court of Indiana

April 26, 1884

From the Hamilton Circuit Court.

Judgment affirmed.

R Hill, J. W. Nichol, T. J. Kane and T. P. Davis, for appellant.

J. E McDonald, J. M. Butler and A. L. Mason, for appellee.

OPINION

Elliott J.

It has long been the rule that where the evidence is not in the record, the rulings of the trial court in giving and refusing instructions will not be ground for reversal, if upon any supposable state of the evidence that might have existed under the issues the rulings might have been correct. We have given full consideration to the able brief of appellant's counsel, but find nothing that influences us to make this case an exception to the long established rule. We are clear that under the issues the evidence might have been such as to have warranted the rulings of the court, and as the evidence is not in the record we must presume that the trial court committed no error.

The rule of this court has been for many years not to reverse a judgment for error in giving or refusing instructions, if the verdict is clearly right on the evidence, and this consideration should be borne in mind when passing upon cases in which the evidence is not before us, for it may have been of such a conclusive character as to require an...