Pulaski—Lonoke Drainage District v. Missouri Pacific Railroad

This appeal was heard at the May term, 1930, of this court, and an opinion was handed down affirming the judgment of the trial court. 44 F.(2d) 899. It was held that, while the record did not disclose that evidence was heard in resolving the issues framed, the presumption that the court acted upon evidence adduced must ordinarily control. After the coming down of the opinion, appellants duly filed their petition for a writ of certiorari to he directed to the United States District Court for the Eastern District of Arkansas. It was alleged that in truth and in fact the ease below was heard and…