35 Ind. App. 295 | Ind. Ct. App. | 1905
Appellee’s complaint avers that it “owns, maintains and operates a three-inch high-pressure
The motion for a nunc pro tunc entry was overruled, and an exception reservéd. The record then recites: “And now, upon motion of the defendant, said motion for a nunc pro tunc entry, and the ruling of the court thereon and exceptions thereto, are now ordered made a part of the record, without being inserted in a bill of exceptions.” The verified motion alone is then again set out in the record. Considering this verified motion as evidence which was submitted to the court upon the hearing of the application for the entry, and that, as evidence, it has properly been brought into the record, it does not appear from the record that this was all the evidence given upon the hearing. It does not appear that the court’s memorandum, made December 15, was introduced in evidence. The only information we have of such memorandum is the statement in the motion itself.
Judgment affirmed.