The rule is to the effect that when the record does not contain all the pleadings and evidence, the court will assume that such missing portions of pleadings or evidence support the finding of the chancellor. Lewis v. Kash, 239 Ky. 117, 38 S.W.2d 978; Wilson v. Trent, 238 Ky. 551, 38 S.W.2d 429; Clark v. Bruchett, 204 Ky. 153, 263 S.W. 746; Noe v. Noe, 289 Ky. 165, 158 S.W.2d 406. There was no question raised below, nor here, as to propriety of pleadings; the only question is the effect and result where all depositions are not embraced in the record.

His failure to do so does not preclude his right to have this court review the finding of the circuit court if the pleadings do not authorize or support the judgment. Allen v. Salyers, supra; Wilson v. Trent, 238 Ky. 551, 38 S.W.2d 429; Arms v. Arms, 246 Ky. 827, 56 S.W.2d 536. The finding of the facts and the decisions of the court on the questions of law do not supply the purpose of a bill of evidence.

In the absence of the evidence, the only question that we are permitted to determine is whether the pleadings support the judgment. Their sufficiency is not disputed. Aud v. McAvoy, 177 Ky. 380, 197 S.W. 824; Crofton v. Louisville N. R. Co., 177 Ky. 831, 198 S.W. 229; Southern National Life Realty Corp. v. People's Bank of Bardstown, 179 Ky. 113, 200 S.W. 313; Wilson et al. v. Trent, 238 Ky. 551, 38 S.W.2d 429; Nuckolls v. Illinois C. R. Co., 227 Ky. 836, 14 S.W.2d 157; Harmon v. Harmon, 227 Ky. 341, 13 S.W.2d 242. The judgment appealed from was rendered on the 24th day of November, 1931. The record of this appeal was filed March 14, 1932, or three months and twenty days after the rendition of the judgment.

Therefore, under the prevailing rule of practice, the only question that can now be considered is the sufficiency of the pleadings to support the verdict and judgment. Aud v. McAvoy, 177 Ky. 380, 197 S.W. 824; Crofton v. L. N. R. Co., 177 Ky. 831, 198 S.W. 229; Southern National Life Realty Corp. v. People's Bank of Bardstown, 179 Ky. 113, 200 S.W. 313; First National Bank v. Williams Feed Co., 214 Ky. 31, 282 S.W. 551; Hampton v. Porter, 215 Ky. 604, 286 S.W. 690; Wilson v. Trent, 238 Ky. 551, 38 S.W.2d 429. Applying these general rules and considering the record as presented, the appellant is precluded by the first opinion of this court from raising the question of the sufficiency of the petition to state a cause of action.

All that we have before us are the pleadings, and they are sufficient to sustain the ruling of the circuit court. Where evidence is heard by the circuit court, and that evidence is not brought to this court on appeal, it will be presumed that the evidence supports the finding of the trial court. Lewis v. Kash, 239 Ky. 117, 38 S.W.2d 978; Wilson v. Trent, 238 Ky. 551, 38 S.W.2d 429; Johns Run Coal Company v. Little Fork Coal Company, 223 Ky. 230, 3 S.W.2d 623; Sebree v. Henderson, 205 Ky. 524, 266 S.W. 53; Clark v. Burchett, 201 Ky. 153, 263 S.W. 746; Dalton v. Dalton, 146 Ky. 18, 141 S.W. 371. In the last-cited case Annie L. Dalton had obtained a divorce from her husband, F.R. Dalton, and he had been directed to pay her $65 a month for the support of herself and children until further order of the court.