Opinion
No. 5-3253
Opinion delivered April 6, 1964.
APPEAL AND ERROR — ABSTRACT OF RECORD EFFECT OF FAILURE TO MAKE. — Judgment of lower court affirmed under Supreme Court Rule 9 where there was no abstract of the pleadings, judgment or testimony heard below that would enable the Supreme Court to determine the facts without exploring the record.
Appeal from Washington Circuit Court, Maupin Cummings, Judge; affirmed.
Davis Mills, for appellant.
Scott Davidson, Hirsch, Cathey Brown, for appellee.
This appears to be an action brought by the appellee to recover judgment upon six promissory notes executed by the appellant. We do not reach the merits, for under Rule 9 we are compelled to affirm the judgment. The appellant has submitted only a statement of the case, a list of the points relied upon for reversal, and a brief. There is no abstract of the pleadings, the judgment, or the testimony that was heard below. To determine the facts in the case we should have to explore the record, which is contrary to our practice. Vire v. Vire, 236 Ark. 740, 368 S.W.2d 265.
Affirmed.