Woodward v. Myers

Citations

• 105 Miss. 489
• 62 So. 234

Syllabus

<p>1. Appeal and Ebkoe. Record. Statement of foots. Stipulation. Disposition. Affirmance.</p> <p>Where on appeal to the supreme court, the record contains no bill of exceptions, but the brief of counsel for appellant states that the case was tried in the court below by a special judge by agreement without a stenographer on an understanding and agreement between counsel that in case of an appeal to the supreme court an agreed statement of facts would be written out and signed, and be made a part of the record of evidence in the case and that in case an agreement as to the facts introduced in testimony could not be reached, the special judge should prepare and sign a statement of facts which should become a record of the evidence in the case, and no such agreement appeared in the record, which on the contrary showed that the case had been tried by the regular judge, and such statement of facts was not filed with the clerk of the lower court and certified by him, and there was no agreement that such statement of facts should be filed in the supreme court in the first instance, a motion to strike from the files such statement of facts will be sustained.</p> <p>2. Same.</p> <p>Where the only error assigned by appellant, upon which he seeks a reversal of the judgment of the court below on' the merits, arises on the evidence and the motion to strike from the files the only paper containing the evidence, is sustained, a motion for judgment, affirming the judgment of the court below will be sustained.</p>