Whitehill v. Butler
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court in Chancery. John A. Williams, Judge. Having lost the benefit of his motion for a new trial, without fault, appellant was entitled to relief in equity. 35 Ark., 123. Oral proof was admitted, when the deed should have been produced. Gr. Ev., 1 vol., sec. 82, (14th ed.) The court erred in its instructions to the jury, and the verdict was influenced by these erroneous instructions, and the incompetent parol testimony admitted.
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APPEAL from Jefferson Circuit Court in Chancery. John A. Williams, Judge. Having lost the benefit of his motion for a new trial, without fault, appellant was entitled to relief in equity. 35 Ark., 123. Oral proof was admitted, when the deed should have been produced. Gr. Ev., 1 vol., sec. 82, (14th ed.) The court erred in its instructions to the jury, and the verdict was influenced by these erroneous instructions, and the incompetent parol testimony admitted. A new trial should have been granted. See 35 Ark., 123. Appellant was made to pay a year’s rent for a day or two’s use, and for damages…
1Opinion of the CourtCockriix, C. J.
Whitehill sued Butler in the circuit court to recover an amount due on account. Butler admitted the amount claimed, but filed a set-off and asked for judgment over against Whitehill. There was a jury trial, which resulted in a verdict and judgment in favor of Butler. Whitehill moved for á new trial, but his motion, as the complaint alleges, was. continued by the court, for action to a special adjourned term, which was never held, and so his remedy at law for relief against the judgment was lost. He brought this suit in equity for a new trial. In addition to the facts above stated his…
2Cases cited1 opinion
- Crim v. HandleySupreme Court of the United States · 1877
3Cited by8 opinions
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- Sledge-Norfleet Co. v. MatkinsSupreme Court of Arkansas · 1922
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- Jackson v. WoodruffSupreme Court of Arkansas · 1893
- William Lane, Inc. v. Selby Shoe Co.Court of Appeals for the Second Circuit · 1930
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