Montgomery Adm'r. v. Erwin
Supreme Court of Arkansas
Error to Prairie Oireiñt Gowrt. Hon. Libeety Bartlett, Circuit Judge. The proofs show that Semantha Edwards, whose negroes had been abducted, run off and sold by the appellee, refused to relinquish her right to the negroes; that she was illiterate, but the contents of the alleged release were not read or explained to her, and she evidently intended only to relieve the appellee from criminal liability; that the compromise (or whatever it be) was in fact made and executed by…
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Error to Prairie Oireiñt Gowrt. Hon. Libeety Bartlett, Circuit Judge. The proofs show that Semantha Edwards, whose negroes had been abducted, run off and sold by the appellee, refused to relinquish her right to the negroes; that she was illiterate, but the contents of the alleged release were not read or explained to her, and she evidently intended only to relieve the appellee from criminal liability; that the compromise (or whatever it be) was in fact made and executed by Fielding Price who received the entire consideration, and that Semantha Edwards was’an infant at the time of those…
1Opinion of the CourtChief Justice WaleeR
The plaintiff, as administrator, brought his action of trover against the defendant for two negroes. A verdict aiid judgment were rendered for the defendant. The plaintiff filed his motion for a new trial, which was overruled; exceptions taken, in which the evidence and instructions of the court are made part of the record.
The errors complained of, not embraced in the motion for a new trial, or waived by pleading over, will be considered as-abandoned.
The second ground assigned for a new trial is that tlie court erred in refusing to give the fourth instruction asked by the ¿plaintiff, and in…
2Cases cited1 opinion
- Meech v. FowlerSupreme Court of Arkansas · 1853
3Cited by1 opinion
- Magnolia Petroleum Co. v. McFallSupreme Court of Arkansas · 1928