Thompson v. Guthrie Mill & Elevator Co.
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dardanelle District; A. B. Priddy, Judge; 1. The affidavit of appellee’s sworn account was not admissible. The affidavit was not taken and certified according to law, that such account was just and correct. Kirby’s Digest, § 3151. An affidavit is not allowable on trial of an issue unless opportunity has been given the adverse party to cross-examine affiant.
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Appeal from Yell Circuit Court, Dardanelle District; A. B. Priddy, Judge; 1. The affidavit of appellee’s sworn account was not admissible. The affidavit was not taken and certified according to law, that such account was just and correct. Kirby’s Digest, § 3151. An affidavit is not allowable on trial of an issue unless opportunity has been given the adverse party to cross-examine affiant. None was given here. 42 Ark. 355. Appellant having filed his affidavit denying the account, and his affidavit was properly filed, as he was not required to plead upon an appeal until his case was called.…
1Opinion of the CourtWood, J.
This action was begun by the appellee against the appellant in the justice court. The appellee filed before the justice court its account against appellant in the sum of $72. Judgment was rendered against the appellant in the justice court, and he appealed to the circuit court.
The bill of exceptions contains the following recitals: “The defendant files an affidavit just as the parties announced ready for trial and then objects to the plaintiff introducing a sworn itemized statement of the account; which objection was overruled by the court and defendant saved exceptions.”
The cause was sent to…
2Cases cited3 opinions
- Johnson v. JohnsonSupreme Court of Arkansas · 1916
- Smith v. FeltzSupreme Court of Arkansas · 1883
- Western Union Telegraph Co. v. GillisSupreme Court of Arkansas · 1909