Britt
Britt v. East Side Hardware Co.
Opinion
Lead Opinion
Hart, J.
This is an appeal from an order and judgment , disallowing the application of the appellant for leave to intervene in this action.
At the outset, the plaintiff makes the point that there is here no record upon which this court can determine whether the court below erred by making the order and entering the judgment appealed from, and we think this position must be sustained.
The transcript contains the pleadings of the original parties, a temporary injunction granted by the court against the defendant upon the filing of the complaint, and the notice of appeal. It also contains a bill of exceptions as proposed by the appellant and settled by the court on the proceeding involving the proposed intervention. The said bill embodies the following documents and none other: The proposed complaint in intervention, a proposed answer to the plaintiff’s complaint, the written agreement upon which plaintiff’s action is founded, and the order disallowing the application for leave to intervene. The transcript purports to be authenticated by the certificate of the clerk of the court, which reads, in part: “That the foregoing is a true transcript of the judgment-roll in the above-entitled cause,…