Gardner v. Miller

The judgment in this case must be affirmed under the rule established in State Bank vs. Conway, 13 Ark. 344, and followed in a number of cases since.

The action was assumpsit by the appellees against the appellant for use and occupation, etc.; the case was submitted to the court, sitting as a jury, under the general issue, upon an agreed statement of facts, the court found for appellees, and the appellant, without moving for a new trial, or specially reserving any question of law, took a bill of exceptions setting out the esúdence and appealed.

The case stands here precisely as it would have…