Real Estate Bank v. Rawdon
Supreme Court of Arkansas
This was an action of assumpsit, tried in the Pulaski circuit court, at September term, 1841, before the Hon. John J. Clendenin, one of the circuit judges. Rawdon, Wright and Hatch, engravers of New York, were the plaintiffs, and. The Real Estate Bank, defendant.
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This was an action of assumpsit, tried in the Pulaski circuit court, at September term, 1841, before the Hon. John J. Clendenin, one of the circuit judges. Rawdon, Wright and Hatch, engravers of New York, were the plaintiffs, and. The Real Estate Bank, defendant. The case was tried before the court, without the intervention of a jury, and all the facts are presented by a single bill of exceptions; which was taken the day after the trial, time having been given, by consent, to file it, and which, commencing thus, “Be it remembered, that on the trial of this cause, the same being submitted by…
1DissentRingo, C. J.
The case shown by the record, as I understand it, presents legally no question for the consideration of this court: because no exception was taken at the trial in respect to the testimony, or any opinion of the court receiving or excluding it, nor was the court called upon by either party to express any opinion as to the law arising thereupon in any point of view whatever, nor was there any motion made for a new trial. How then does the evidence become a part of the record in any manner authorizing this court to consider it for the purpose of revising the judgment based upon it? The court,…
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