Bassham v. Railway Co.
Supreme Court of Arkansas
Appeal from Pulton Circuit Court. John B. McCaleb, Judge. Mandamus by Kansas City, Port Scott & Memphis Railway Company against Bassham, collector of Pulton county.
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Appeal from Pulton Circuit Court. John B. McCaleb, Judge. Mandamus by Kansas City, Port Scott & Memphis Railway Company against Bassham, collector of Pulton county. The facts are stated by the court as follows: This appeal is from an order of the Fulton circuit court granting a writ of mandamus directed to appellant, who was the collector, commanding him to receive certain county warrants belonging to appellee, which'had been barred by an order of the county court calling in county warrants for cancellation and re-issue, in payment of the taxes assessed against appellee. The record of the…
1Opinion of the Court
Wood, J.,
(after stating the facts). There is nothing in the record proper to show error in the judgment of the circuit court. The record recites that the court found from the ‘1 pleadings and the evidence in the cause.” There was no motion for new trial, no bill of exceptions, no record of the evidence, no agreed statement of facts certified by the judge as the evidence upon which the court based its findings and judgment — -none of the methods required by numerous decisions of this court for preserving and bringing before us matters dehors the record. The presumption, in the absence of a…
2Cases cited2 opinions
- Baltimore & Potomac Railroad v. Trustees of Sixth Presbyterian ChurchSupreme Court of the United States · 1875
- McStea, Value & Co. v. MasonSupreme Court of Arkansas · 1872
3Cited by1 opinion
- Hayes v. HargusSupreme Court of Arkansas · 1917