167 N.E. 918
No. 13,402.Court of Appeals of Indiana.
Filed August 29, 1929.
From Decatur Circuit Court; John W. Craig, Judge.
Action between the Emulsified Asphalt Company and the city of Columbus. From the judgment rendered, the former appealed Affirmed. By the court in banc.
W.W. Lambert, Walker Hollett and Tremain Turner, for appellant.
William H. Everroad and Hugh D. Wickens, for appellee.
McMAHAN, C.J.
The only question involved in this appeal requires a consideration of the evidence which appellee insists is not in the record. Appellant has made no attempt to correct the record so as to overcome appellee’s objection. On the authority o Johnson, Admr., v. Johnson (1901), 156 Ind. 592, 60 N.E. 451 Butt v. Lake Shore, etc., R. Co. (1902), 159 Ind. 490, 65 N.E. 529; and Robinson v. Smith (1917), 64 Ind. App. 119, 115 N.E. 336, we hold the evidence is not in the record.
Judgment affirmed.
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