19 Kan. 517 | Kan. | 1878
The opinion of the court was delivered by
In the case-made before us some documents were so identified as to leave no room for doubt, and were properly transcribed in the copy of the case-made. The petition, for example, the other pleadings, the verdict, the motion for a new trial, all of which were identified not merely by their names, but by the dates of their filing. On the other hand, there were some matters not so identified. Thus, the charge of the court appears in the record before us, but the original case-made does not contain it, but says simply “Here copy the court’s instructions.” Whether these were given orally, or in writing, whence the clerk was to obtain them, whether from the files of the court, his own recollection, the minutes of the judge, or a stenographer’s report, the original case-made does not disclose. From nothing now before us can we say that the charge as copied into the record is properly there, or was authenticated by the judge as the one given on the trial.
The judgment will be reversed, and the case remanded for a new trial.