Beal & Doyle Dry Goods Co. v. Barton
Supreme Court of Arkansas
Appeal from Pike Circuit Court; James S. Steel, Judge; statement by the court. W. P. Barton, of Antoine, was the father of three sons, Clib Barton, W. P. Barton, Jr., and Ross Barton, who were doing business at Antoine under the firm name of Barton Brothers.
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Appeal from Pike Circuit Court; James S. Steel, Judge; statement by the court. W. P. Barton, of Antoine, was the father of three sons, Clib Barton, W. P. Barton, Jr., and Ross Barton, who were doing business at Antoine under the firm name of Barton Brothers. A petition in involuntary bankruptcy was filed against Barton Brothers, growing out of the robbery of their safe of the sum of $7,000 or $8,000. It became rumored in the community where they lived that these men had robbed themselves, and it was a matter under investigation by their creditors and common talk in the vicinity. W. P. Barton,…
1Opinion of the Court
Hill, C. J.,
(after stating the facts.) . The first question discussed is the alleged error of the court in permitting an amendment of the pleadings after the evidence was in, so as to give the appellee the opening and closing argument before the jury. The appellee had denied in her answer that the estate of Barton Brothers .in bankruptcy was wound up. The other defenses were of no consideration, duress and compounding of a felony, matters which would cast the burden of proof upon the defendant. The only issue that cast the burden of proof upon ■the plaintiffs was the denial that the…
2Cases cited5 opinions
- Peed v. McKeeSupreme Court of Iowa · 1876
- Excelsior Manufacturing Co. v. OwensSupreme Court of Arkansas · 1894
- Rogers v. BlytheSupreme Court of Arkansas · 1889
- Smith v. SteelySupreme Court of Iowa · 1890
- Kirkland v. BenjaminSupreme Court of Arkansas · 1900
3Cited by13 opinions
- Goodrum v. Merchants & Planters BankSupreme Court of Arkansas · 1912
- Mitchell v. DuncanSupreme Court of Arkansas · 1935
- Chiles v. Mann & MannSupreme Court of Arkansas · 1966
- Pendleton v. GreeverSupreme Court of Oklahoma · 1920
- Eminent Household of Columbian Woodmen v. HowleSupreme Court of Arkansas · 1917
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