McCarthy

Appeal from judgment for defendant in action for wrongful death of Thomas A. McCarthy.

The appeal is presented upon a partial reporter’s transcript. Appellant’s notice given pursuant to rule 4(b), Rules on Appeal, states as the sole point to be presented by her the following: “The point herein to be raised is whether or not the Court could, in a consolidated action, completely deny the right of a party to examine a witness, not her own. ’ ’ The reporter’s transcript contains only the testimony of one witness, James H. Walker. Rule 52 says: “If a record on appeal does not contain all of the papers, records and oral proceedings, but is certified by the judge or the clerk, or stipulated to by the parties, in accordance with these rules, it shall be presumed in the absence of proceedings for augmentation that it includes all matters material to a determination of the points on appeal.” The matter of augmentation is covered by-rule 12 which in pertinent part provides: “ (a) On suggestion of any party or on its own motion, the reviewing court, on such terms as it deems proper, may order that the original or a copy of a paper, record or exhibit offered at or used on the trial or hearing…