
    The Board of Comm’rs of Brown Co. v. George R. T. Roberts, Adm’r, &c.
    
    1. Record, Incomplete; Practice. Where the record does not contain all the evidence, the judgment of the trial court cannot be successfully challenged in this court on the ground that the evidence does not sustain such judgment.
    2. Instructions, TJnpreseroed ; Practice. This court will not ordinarily reverse the judgment of the trial court for alleged errors in giving and refusing instructions when all the instructions given in the case are not embraced in the record.
    3. Error, No Presumption of. No presumptions of error arise from an imperfect record, but error must be clearly and affirmatively shown, and such error must be material and prejudicial to the party complaining.
    
      Error from Brown District Court.
    
    At the September Term, 1878, of the district court, plaintiff Roberts, as administrator of the estate of ¥m. H. Roberts, deceased, had judgment against the Board of Commissioners of Brown county, defendant, for the sum of $336.50 and costs. New trial denied, and the defendant brings the case to this court.
    
      Ira J. Lacoch, and Willard Davis, for plaintiff in error.
    
      W. W. Guthrie, and James Falloon, for defendant in error.
   The opinion of the court was delivered by

Horton, C. J.:

It is claimed in this case that the evidence does not sustain the verdict and judgment, and that the court committed error in giving and refusing instructions. As the record does not purport to contain all the evidence produced on the trial, or all of the instructions given or refused, we cannot consider the questions attempted to be raised. The record is imperfect. One,or two of the instructions of the court contained in the record state certain matters of law incorrectly, but whether they were in any way qualified or limited by other instructions, we cannot tell. From the record, we cannot say that these instructions were sufficiently material and prejudicial to cause a reversal of the judgment. All the presumptions are in favor of the judgment, and therefore, in the condition of the record, the judgment will be affirmed.. (Wilson v. Fuller, 9 Kas. 176; Bartlett v. Feeney, 11 Kas. 593; Marshall v. Shibley, 11 Kas. 114.)

All the Justices concurring.  