Legal Opinion

Martin v. Monger

Supreme Court of Arkansas

Decided April 13, 1914PublishedCited by 4 opinions

Appeal from Madison Circuit Court; J. S. Maples, Judge; STATEMENT BY THE COURT. On the 20th of August, 1913, appellant instituted this suit in the Madison Circuit Court to recover upon the following instrument: ‘ ‘ For value received I turn over $545 worth of my jack and horse accounts to H. IT.

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Appeal from Madison Circuit Court; J. S. Maples, Judge; STATEMENT BY THE COURT. On the 20th of August, 1913, appellant instituted this suit in the Madison Circuit Court to recover upon the following instrument: ‘ ‘ For value received I turn over $545 worth of my jack and horse accounts to H. IT. Martin, and agree to make them all good at collection time, all due August 15, 1913. (Various accounts mentioned, amounting* to $545.) I certify that the accounts are true and will make them all good, and will collect all I can free of costs.” Signed John Monger. Dated April 3, 1913. Appellant alleged…

1Opinion of the Court

Wood, J.,

(after stating the facts). The appellant did not make any specific objection to the admission of the testimony which he now contends was incompetent because it tended to contradict the terms of a written contract. At least part of the testimony admitted was competent, and the appellant is not in an attitude to complain of the ruling of the court in admitting it all, for he only made a general objection. “A general objection to the entire testimony of a witness is insufficient where a portion of the testimony is competent.” Central Coal & Coke Co. v. Niemeyer Lumber Co., 65 Ark. 106.…

2Cases cited8 opinions

  1. Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
  2. Maxey v. StateSupreme Court of Arkansas · 1905
  3. Friend v. Smith Gin Co.Supreme Court of Arkansas · 1894
  4. Mallory v. BrademyerSupreme Court of Arkansas · 1905
  5. Braddock v. WertheimerSupreme Court of Arkansas · 1900

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Maxwell v. StateSupreme Court of Arkansas · 1963
  2. Barach v. Island Empire Telephone & Telegraph Co.Washington Supreme Court · 1929
  3. Briscol v. American Southern Trust Co.Supreme Court of Arkansas · 1928
  4. McCaskey Register Company v. McCurrySupreme Court of Arkansas · 1930

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