Court  Bound  by  Record.
25.  On  appeal,  the  supreme  court  is  bound  by  the  record  and  may  not
decide  the  case  presented  upon  statements  in  appellant's  brief  not  borne
out  by  the  record.— Thrift  v.  Thrift,  463.
Hearsay  Testimony — When  Harmless  Error.
26.  Where  defendants  alleged  in  their  counterclaim  in  an  action  on
a  contract,  and  admitted  on  the  stand,  that  they  were  copartners,
admission  of  hearsay  testimony  to  the  same  effect  was  harmless. —
Chealey  v.  Purdy,  489.
Evidence — Admission — Harmless  Error.
27.  Technical  error  in  the  admission  of  evidence  will  not  work  a
reversal  of  the  judgment  if  appellant  is  unable  to  show  that  by  its
admission  he  was  prejudiced. — Fair  v.  Stein,  529.
Directed  Verdict— Question  Determinable  on  Anpeal.
28.  Where  a  judgment  is  based  on  a  directed  verdict,  the  question
on  appeal  is,  not  whether  the  inferences  necessary  to  maintain  the
court's  action  are  permissible  from  the  evidence,  but  whether  they
are  commanded  by  it. — St.  Paul  Machinery  Mfg.  Co.  v.  Bruce,  549.
Briefs — New  Trial  Order — Affirmance,  When.
29.  An  order  denying  a  new  trial  will  be  affirmed  where  there  is  neither
brief  nor  argument  challenging  the  justice  or  accuracy  of  the  verdict,
nor  any  reason  suggested  why  the  motion  should  have  been  granted. —
Great  Falls  Townsite  Co.  v.  Kowell,  582.
Judgment — Immaterial  Modification— Right  of  Appellant  to  Complain,

30.  Where  plaintiff  corporation  in  an  action  m  ejectment  was  decreed
to  be  without  right  or  title  and,  by  failure  to  assail  it,  in  effect  con-
fessed that  it  was  not  injured  by  the  scope  of  the  judgment,  it  was
not  in  position  on  appeal  to  ask  for  a  modification  of  it. — Creat  Falls
Townsite  Co.  v.  Kowell,  582.
