Davie v. Smoot

If on appeal lawsuits could be decided by weighing' the unsupported declarations of counsel for appellant against the defensive explanations of appellee’s legal aids, the case at bar would be less perplexing. If without a complete record, and in the absence of testimony, we could give to ex parte statements appearing in the briefs that degree of verity so earnestly contended for, a decision based upon merit might he possible in spite of the difficulty in deciding between conflicting avouchments; but more often the result would serve to emphasize and justify the rule that argument must be…