Kerfoot, Miller, Arnold & Co. v. Jones

Opinion of the court by

Burford, C. J.:

This cause was tried to the court upon an issue of fraud alleged by the plaintiff in error. Depositions were read, witnesses examined, and certain books, checks, and accounts introduced in evidence. The court decided against the plaintiff in error, and rendered judgment against it for costs. The company appealed, and the only questions submitted for our review depend upon an examination of the evidence for their determination.

It is apparent that the evidence is not all in the record. This court has repeatedly held, and must adhere to the rule, that where…