Legal Opinion

State v. Cummings

Mississippi Supreme Court

Decided May 24, 1948No. 36756Published

1Opinion

ON SUGGESTION OF ERROR.

On the suggestion of error in this Court, appellant seeks to introduce new evidence by way of our alleged right to take judicial notice of a fact, evidenced by a receipt filed here for the first time. It was not before the trial court when the case was tried. It is presented to us in form of a certified copy from the records of the State Land Commissioner. In the first place, it is too late to represent such evidence here for the first time.

Being an appellate court, we take the record as it comes to us, and receive no new evidence here. Harvey v. Briggs, 68 Miss. 60, 8…

2Cases cited6 opinions

  1. Brown v. ClarkeSupreme Court of the United States · 1846
  2. Masonite Corp. v. BurnhamMississippi Supreme Court · 1933
  3. Witherspoon v. State Ex Rel. WestMississippi Supreme Court · 1925
  4. Harvey v. BriggsMississippi Supreme Court · 1890
  5. Williams v. J.E. WaltonMississippi Supreme Court · 1947

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API