Fisher v. Conway
Supreme Court of Arkansas
Error from, Morris District Court. Conway recovered a judgment against Fisher and others, at April Term, 1877, of the district court, and Fisher brings the case here for review. The opinion contains a sufficient statement of the facts. It was error to admit James Conway to testify as to the condition in which he found his wife on his return to his house on the day of the alleged trespass.
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Error from, Morris District Court. Conway recovered a judgment against Fisher and others, at April Term, 1877, of the district court, and Fisher brings the case here for review. The opinion contains a sufficient statement of the facts. It was error to admit James Conway to testify as to the condition in which he found his wife on his return to his house on the day of the alleged trespass. The. action was not to recover damages for injuries done to the plaintiff’s wife, and evidence that she was bruised and wounded could only tend to prejudice the jury against the defendants below. Again, the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action; brought by James Conway as plaintiff, against Hayden.W. Fisher, and others, as defendants, in the district court of Morris county, to recover damages for an alleged trespass by said Fisher, and others, plaintiffs in error, upon the premises of said Conway, defendant in error. The only cause of action set forth in Conway’s petition, is:
“That defendants threw down and opened plaintiff’s fence and entered plaintiff’s close, situate upon the west half of the northwest quarter of section twelve, in township fifteen, range…
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