The plaintiff's counsel moves upon her affidavit of facts proved before the referee and annexing a copy of her own testimony, for a writ ofcertiorari to perfect the incomplete record before us at the last term, when the cause was argued and decided, with the intention, as is suggested, to ask for a re-hearing. We adverted in the opinion to the absence of the evidence before the referee and upon which his report was based, so that we were confined to his rulings upon the facts reported and the review of them by the court.
It was the duty of counsel to suggest the diminution before the cause was heard and then ask for this remedial process: not to wait till the decision and then demand it. It would be productive of much mischief to relax the salutary rule which requires counsel to see that their cause is properly before the court in the record, and to abide the consequences if it is not. The writ must be denied.
PER CURIAM. Motion denied.