Wilks v. Mutual Aid Union
Supreme Court of Arkansas
Appeal from Benton Circuit Court; Jas. 8. Maples, Judge; The residence of deceased was proven to have been at G-arfield, Arkansas. His absence from this State for five years, and that no one had seen or heard from him. The presumption is that he was dead. Kirby’s Digest, § 3081; 54 Ark. 70; 46 111. 230; 92 Am. Dec. 248. The verdict is contrary to the law and the evidence. Wilks was not a resident of Arkansas. The presumption of death by five years absence was not proven.
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Appeal from Benton Circuit Court; Jas. 8. Maples, Judge; The residence of deceased was proven to have been at G-arfield, Arkansas. His absence from this State for five years, and that no one had seen or heard from him. The presumption is that he was dead. Kirby’s Digest, § 3081; 54 Ark. 70; 46 111. 230; 92 Am. Dec. 248. The verdict is contrary to the law and the evidence. Wilks was not a resident of Arkansas. The presumption of death by five years absence was not proven. The jury were properly instructed and the Evidence ■sustains the verdict. 14 A. & E. Ann. Cases, 240; 7 Id. 570. STATEMENT…
1Opinion of the Court
WOOD, J.,
(after stating the facts). (1) The only contention made by the appellant here is, that the verdict was contrary to the evidence.
Section 3081 of Kirby’s Digest provides as follows:
“Any person absenting himself beyond the limits of this State for five years successively shall be presumed to bo dead, in any case in which his death may come in question unless proof be made that he was alive within that time. ’ ’
The phraseology of the statute is somewhat ambiguous but the trial court correctly interpreted its meaning in its instruction No. 2. “Any person” as used in this statute means any…
2Cited by4 opinions
- Metropolitan Life Insurance Co. v. FrySupreme Court of Arkansas · 1931
- Burnett v. Modern Woodmen of AmericaSupreme Court of Arkansas · 1931
- Baxter v. BaxterSupreme Court of Arkansas · 1960
- Edge v. Buschow Lumber Co.Supreme Court of Arkansas · 1951