Gould & Co. v. Tatum
Supreme Court of Arkansas
Writ of Error to Union Circuit Court. Hon. Shelton Watson Circuit Judge. The deposition of Whitt should have been excluded. Before anything said or done by Hardy could be used as evidence against the plaintiffs, his agency must first be established. 1 Phill. Ev. 101,102; 2 lb.
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Writ of Error to Union Circuit Court. Hon. Shelton Watson Circuit Judge. The deposition of Whitt should have been excluded. Before anything said or done by Hardy could be used as evidence against the plaintiffs, his agency must first be established. 1 Phill. Ev. 101,102; 2 lb. Hill Cow. notes 180,182. Even had his agency been shown, the evidence was inadmissible, because it consisted not in what the witness saw done and said at the time, but in what Hardy told the witness about the transaction after it was over. 7 Greenlief Rep. 421; 4 Wendell 394; 8 Waits Rep. 392; 1 Greenl. Ev. 152, note 2…
1Opinion of the CourtJustice Fairchild
More than four days after verdict for the defendant, the plaintiffs below, who are the plaintiffs in error, filed a motion for ,a new trial, which was stricken from the files on motion of the. defendant, and because the court considered that under the 123d section of chapter 126 of English’s Digest, it had no discretion to entertain the motion.
If the circuit court had simply refused, in the exercise of its discretion, to allow the motion for anew trial to remain on file, because filed too late, this court wmuld be slow to interfere wfith the discretion exercised; but when, as shown by the…
2Cases cited1 opinion
- James v. BiscoeSupreme Court of Arkansas · 1849
3Cited by4 opinions
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- The National Life Accident Ins. Co. v. BroylesSupreme Court of Arkansas · 1938
- Driver v. TreadwaySupreme Court of Arkansas · 1928
- Wilson v. City of FayettevilleSupreme Court of Arkansas · 1992