Mitchel v. Jewel

The counsel observed, that as both the clerk and the district judge had certified that the record con *186 tained the whole testimony, the presumption must be that Filhiol, though sworn, was not examined. On this, Turner, for the plaintiff and appellant, moved for and obtained a writ of certiorari. Thereupon, the counsel introduced the affidavit of the defendant, showing that Filhiol was examined.