Legal Opinion

Hughes v. Gardner

Supreme Court of Arkansas

Decided May 31, 1920PublishedCited by 2 opinions

Appeal from Benton Circuit Court; W. A. Dickson, Judge; 1. This is the second appeal in this case. 136 Ark. 332; 206 S. W. 678. The law was settled on the first appeal and the pleadings and issues are the same. . The evidence here does not support the verdict. 46 Ark. 141; 2 Id. 360; 5 Id. 407; 6 Id: 86; 26 Id. 309; 70 Id. 385; 34 Id. 632; 16 Cyc. 1073; 118 Ark. 349. The mortgage introduced was clearly inadmissible in evidence. 32 Ark. 337, 16 Cyc. 1087. There is no…

Read the full summary

Appeal from Benton Circuit Court; W. A. Dickson, Judge; 1. This is the second appeal in this case. 136 Ark. 332; 206 S. W. 678. The law was settled on the first appeal and the pleadings and issues are the same. . The evidence here does not support the verdict. 46 Ark. 141; 2 Id. 360; 5 Id. 407; 6 Id: 86; 26 Id. 309; 70 Id. 385; 34 Id. 632; 16 Cyc. 1073; 118 Ark. 349. The mortgage introduced was clearly inadmissible in evidence. 32 Ark. 337, 16 Cyc. 1087. There is no evidence, not a scintilla, that appellant’s deceased husband was acting or authorized to act as her agent in borrowing the money…

1Opinion of the CourtWood, J.

This action was brought by the appellee against the appellant. The action was grounded on a promissory note dated June 23, 1913, purporting to have been executed by E. E. Hughes and appellant, Pearl Hughes, to the appellee for’the sum of $500.

In defense of the action appellant set up non est factum and coverture.

This is the second, appeal in this case. Gardner v. Hughes, 136 Ark. 332.

The issues here are the same as they were on the former appeal. Therefore, unless there has been some substantial change in the facts, what was declared as the law on the former appeal must control now under the…

2Cases cited5 opinions

  1. Hartford Fire Insurance v. EnochSupreme Court of Arkansas · 1906
  2. Miller v. JonesSupreme Court of Arkansas · 1877
  3. Morgan Engineering Co. v. Cache River Drainage DistrictSupreme Court of Arkansas · 1916
  4. Carter v. YoungerSupreme Court of Arkansas · 1916
  5. Gardner v. HughesSupreme Court of Arkansas · 1918

3Cited by2 opinions

  1. Bauer v. North Arkansas Highway Improvement District No. 1Supreme Court of Arkansas · 1925
  2. Terrill v. FowlerSupreme Court of Arkansas · 1928

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API