Legal Opinion

Choctaw, Oklahoma & Gulf Railroad v. McConnell

Supreme Court of Arkansas

Decided January 28, 1905PublishedCited by 6 opinions

Appeal from Sebastian Circuit Court, Greenwood District. The court erred in overruling the appellant’s motion to make Davis Brothers parties defendant. Sand. & H. Dig. § § 5630, 563S; 37 Ark. 517; 49 Ark. 103. The court erred in admitting in evidence certain letters purporting to have been written by the defendant, without proper foundation first laid for their introduction.

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Appeal from Sebastian Circuit Court, Greenwood District. The court erred in overruling the appellant’s motion to make Davis Brothers parties defendant. Sand. & H. Dig. § § 5630, 563S; 37 Ark. 517; 49 Ark. 103. The court erred in admitting in evidence certain letters purporting to have been written by the defendant, without proper foundation first laid for their introduction. The court erred in compelling the attorney for defendant to produce a certain paper purporting to be an order testified to by one of the plaintiffs. The only proper procedure for compelling the production of a paper by…

1Opinion of the Court

Hill, C.- J.

McConnell & Company sued the appellant, hereafter called the Railroad Company, in a justice’s court in Hartford Township, Sebastian County, for the sum of $300, and alleged, in brief, this state of facts: “That the firm of McClain & Medlin had a contract to furnish the Railroad Company coal, and that they (McConnell & Company) were furnishing supplies to McClain & Medlin to enable them to fulfill their contract, and that on the nth of December, 1900, McClain & Medlin and the constituent .members, D. J. McClain- and P. J. Medlin, gave an order to the Railroad Company to pay…

2Cases cited3 opinions

  1. Vaughn v. HarpSupreme Court of Arkansas · 1886
  2. Davis v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1904
  3. Meehan v. WatsonSupreme Court of Arkansas · 1898

3Cited by6 opinions

  1. Flanagan v. BensonCourt of Appeals for the Eighth Circuit · 1929
  2. Vaughan v. ScreetonSupreme Court of Arkansas · 1930
  3. Inter-Southern Life Insurance v. ButtsSupreme Court of Arkansas · 1929
  4. Gunnells v. LattaSupreme Court of Arkansas · 1908
  5. Ward v. JacksonSupreme Court of Arkansas · 1930

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