West v. West
Supreme Court of Arkansas
Appeal .from White ¡Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. J. A. West instituted this action in the chancery court ¡against Mary C. West.
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Appeal .from White ¡Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. J. A. West instituted this action in the chancery court ¡against Mary C. West. The complaint ¡alleges, in substance, that a decree of divorce was granted to Mary C. West from J. L. West; that in the decree certain commissioners were appointed to ¡allot to Mary C. West one-third of certain lands which were decreed to belong to J. L. West; that plaintiffs were not parties to that snit; that they are children of J. L. West by a former wife; that prior to 'his marriage to Mary C. West he ¡conveyed to them…
1Opinion of the Court
Hart, J.,
('after stating the facts). (1) The testimony in the divorce suit between Mary C. West and John L. West was introduced in evidence in this case over the objection of the plaintiffs. It is evident that such action on the part of the court was erroneous. The plaintiffs were not parties to the divorce suit, and the evidence in that action could not be introduced in the present action as testimony against the plaintiffs. The plaintiffs not being parties to the 'divorce suit, were not concluded by anything done in that suit, and the evidence in that action could not be used against them…
2Cases cited2 opinions
- Dearmond v. DearmondIndiana Supreme Court · 1858
- Collins v. CollinsCourt of Appeals of Maryland · 1904
3Cited by14 opinions
- O'Connor v. PattonSupreme Court of Arkansas · 1926
- Renn v. RennSupreme Court of Arkansas · 1944
- In re Estate of ThompsonSupreme Court of Arkansas · 2014
- Roberts v. RobertsSupreme Court of Arkansas · 1917
- Gedart v. EjdrygiewiczMassachusetts Supreme Judicial Court · 1940
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