Brunson v. Reinberger
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; The preponderance of the evidence sustains the plaintiff’s contention and it was error to refuse the relief prayed. 22 Cyc. 842; 114 Mich. 149, 156; 96 U. S. 255; 43 L. B. A. 95; 33 Conn. 157. 1. The findings of the chancellor are not contrary to the preponderance of the evidence. 2. There can be no exclusive right to the use of formulas for the manufacture of common everyday remedies. 21 Am.
Read the full summary
Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; The preponderance of the evidence sustains the plaintiff’s contention and it was error to refuse the relief prayed. 22 Cyc. 842; 114 Mich. 149, 156; 96 U. S. 255; 43 L. B. A. 95; 33 Conn. 157. 1. The findings of the chancellor are not contrary to the preponderance of the evidence. 2. There can be no exclusive right to the use of formulas for the manufacture of common everyday remedies. 21 Am. St. Bep. 442; 151 Mass. 190. STATEMENT OE EAOTS. Appellant instituted this suit against the appellees. He alleged that he was a…
1Opinion of the Court
WOOD, J.,
(after stating the facts). (1) It will be observed from the statements that the parties adduced testimony to sustain their respective contentions, and there is a .sharp conflict between the testimony of the witnesses for the appellant and the witnesses for the appellees.
This puts upon this court the necessity, as counsel for the appellant correctly remarked, “to determine which crowd is telling the truth.” The state of the record is such as to leave us in doubt as to which of the parties has the preponderance of the evidence.
The rule in such cases is to make the finding of the…
2Cases cited4 opinions
- Chadwick v. CovellMassachusetts Supreme Judicial Court · 1890
- O. & W. Thum Co. v. TloczynskiMichigan Supreme Court · 1897
- Leach v. SmithSupreme Court of Arkansas · 1917
- Melton v. MeltonSupreme Court of Arkansas · 1917
3Cited by6 opinions
- Titan Oil & Gas, Inc. v. ShipleySupreme Court of Arkansas · 1975
- Victor Chemical Works v. IliffIllinois Supreme Court · 1921
- Ultra-Life Laboratories, Inc. v. EamesMissouri Court of Appeals · 1949
- Willis v. DensonSupreme Court of Arkansas · 1957
- Terry v. CooperSupreme Court of Arkansas · 1926
1 more not listed; retrieve them via the Exa API.