Burnett v. Burkhead
Supreme Court of Arkansas
Error to Yell Circuit Court. Hon. John J. Clendenin, Circuit Judge. It is submitted that the Court erred in excluding from the jury the declarations of the wife; and the case does not fall within the rule laid down in Funkhouser et al. vs. Pogue, 13 Ark. 291; that the declarations were admissible as evidence against herself, if not against her husband. 1 Phill. on Ev. 76, 77, 78; that the receiving of his wife by the defendants, and taking her to California was a wrong, for…
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Error to Yell Circuit Court. Hon. John J. Clendenin, Circuit Judge. It is submitted that the Court erred in excluding from the jury the declarations of the wife; and the case does not fall within the rule laid down in Funkhouser et al. vs. Pogue, 13 Ark. 291; that the declarations were admissible as evidence against herself, if not against her husband. 1 Phill. on Ev. 76, 77, 78; that the receiving of his wife by the defendants, and taking her to California was a wrong, for which they have shown no justification.
1Opinion of the CourtChief Justice English
This was trespass vi et armis brought by Nevell W. Burnett against John R. Burkhead and Mary Ann, his wife, in the Yell Circuit Court. The declaration alleges that the defendants ' committed an assault and battery upon Harriet Ann, the wife of the plaintiff, and forcibly, and against her will, took and detained her from the plaintiff, whereby he lost her comfort, assistance, etc. The cause was submitted to the jury on the plea of not guilty.
The plaintiff, after proving his marriage with Harriet Ann Burkhead, (daughter of defendants), and that she was his wife, offered to introduce the…
2Cases cited1 opinion
- Hutcheson v. PeckNew York Supreme Court · 1809
3Cited by11 opinions
- Jones v. MonsonWisconsin Supreme Court · 1909
- Luick v. ArendsNorth Dakota Supreme Court · 1911
- Boland v. StanleySupreme Court of Arkansas · 1909
- Reed v. ReedIndiana Court of Appeals · 1893
- Barton v. BartonMissouri Court of Appeals · 1906
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