Yellowstone County v. Wight

MR. JUSTICE ERICKSON:

I dissent. Historically this court has adhered to the rule that it will presume that the rulings and judgment of the trial court are correct unless the record shows affirmative error, and that is particularly true in a case such as we have here, where the record is not before us. In Ringling v. Smith River Development Co., 48 Mont. 467, 138 Pac. 1098, after stating the general rule, we said: “In the absence of any evidence disclosing the circumstances under which the securities were given, * * * and, indeed, in the absence of the writing assigning either the contract or…