207 S.W.2d 605 | Ark. | 1948
Appellant, Mack Golden, brought this action in replevin against appellee, Van Wallace, for the possession of a motor truck trailer. Trial to a jury resulted in a verdict and judgment in favor of appellee and this appeal follows.
Appellant has abstracted the testimony with the exception of the exhibits. He has not abstracted the pleadings, judgment, instructions, motion for new trial, or order overruling it, if one. Under Rule 9 of this court appellant is required to file an abstract or abridgement of the transcript setting forth the material parts of the pleadings, proceedings, facts and documents upon which appellant relies, together with such other matters from the record as are necessary to an understanding of all questions presented to this court for decision. The abstract furnished by appellant does not meet this *733
requirement. In numerous cases this court has held that a reasonable enforcement of this rule of procedure is absolutely necessary to the orderly and efficient dispatch of the business of the court. Koch v. Kimberling,
In Files v. Tebbs,
In Keller v. Sawyer,
The principal contention of appellant for reversal is that the evidence was insufficient to support a verdict for appellee for possession of the trailer. While we have reached the conclusion that the judgment must be affirmed for failure to comply with Rule 9, it is not *734 inappropriate to say that the evidence as abstracted was, in our opinion, legally sufficient to take the case to the jury on the question of ownership and right to possession of the property in controversy.
Affirmed.