Per Curiam:
The evidence in this case not having heen presented to us, we cannot say that the court’s answers to the plaintiffs’ points were wrong, since both points and answers depended upon the proofs submitted. It is urged that the substance of the evidence is stated in the opinion of the court; but as that opinion is no part of the record, we cannot adopt it as a substitute for the proofs on which the court acted. The judgment, is affirmed.