McArter v. Grigsby

Citations

• 84 Va. 159
• 4 S.E. 369
• 1887 Va. LEXIS 17

Syllabus

<p>1. Appellate Court—Bill of exceptions—Facts—Fkidence.—Upon an appeal from refusal of trial court to set aside the verdict and grant a new trial, the facts proved must be presented to this court by a bill of exceptions, which states that those facts are all the facts. And when the evidence, and not the facts, is certified, it must appear from the bill of exceptions either by direct statement, or by clear inference, that the evidence presented is all the evidence; else, this court cannot know upon what the lower court based its action, and the judgment appealed from must be presumed to be right.</p> <p>2. Idem:—Circuit Court—County Court.—When circuit court on appeal from judgment of county court, reverses it, but files no opinion, and when on appeal from judgment of circuit court to this court, there is no argument here for the defendant in error, the case must be considered here upon the record as made in the county court, and the judgment of that court must be presumed to be right, unless error be apparent on the record, or appear from a bill of exceptions properly taken.</p>