58 W. Va. 235 | W. Va. | 1905
In this action of assumpsit by J. W. Dudley against J. R. Barrett and A. J. Hannaman, in the circuit court of Wood county, there was a trial by jury and a verdict for plaintiff for $664.52, a motion by defendants to set aside the verdict, which motion was overruled and defendants excepted, and judgment was entered for plaintiff, to which a writ of error was allowed defendants, by a judge of this Court.
Again, if the certificate of evidence made by John T. Harris could be considered as part of the record, it still does not appear that such certificate of evidence contains all the evidence adduced upon the trial, and, therefore, we must presume that there was evidence which fully sustained the verdict. State v. Ice, 34 W. Va. 244; Bank v. Bank, 3 W. Va. 386; Edgell v. Conway, 24 W. Va. 747; Hunter v. Stewart, 23 W. Va. 549; Smith v. Walker, 1 Call (Va.) 24; Willard v. Overseers, 9 Grat. (Va.) 139.
The evidence adduced on the trial of this action not being a part of the record, we cannot consider the assignments of error made, but must affirm the judgment. Tracy's Adm'x v. Carver Coal Co., supra; McKendree v. Shelton, supra; Cushwa v. Lamar, 45 W. Va. 326; Wustland v. Potterfield, 9 W. Va. 438; Laidley v. County Court, 44 W. Va. 566; Williamson v. Hays, 35 W. Va. 52; Richmond v. Henderson, 48 W. Va. 389.
Affvnned.