151 Ind. 356 | Ind. | 1898
This case originated in the Clark Circuit Court and went on change of venue to the lower court. The transcript on change of venue, being the first paper copied into the transcript before us, recited the filing, upon at least two occasions, of amended complaints, without setting forth such com
There is abundant authority for the proposition that upon the appellant rests the duty of presenting a record disclosing manifest error. Elliott’s App. Proc. section 186. It is well settled, also, that, in the absence of the complaint, no question is presented for decision. Collins v. United States Express Co., 21 Ind. 11; McCardle v. McGinley, 86 Ind. 538, 44 Am. Rep. 343; Fellenzer v. VanValzah, 95 Ind. 128; Reid v. Reid, 149 Ind. 274; Evansville, etc., R. W. Co. v. Lavender, 7 Ind. App. 655; Geisen v. Reder, post, 529. In the last of the cases cited, upon a record much like the present, the court held that such an imperfection could not be cured by any presumption arising from the presence, in the transcript, of the pleading unidentified as that upon which the trial was had. The sufficiency of pleadings, the correctness of conclusions of law, and questions upon the motion for a new trial