Blass v. Lawhorn
Supreme Court of Arkansas
Appeal from Saline Circuit Court Alexander M. Duffie, Judge. The verdict is clearly without evidence to support it, and should be reversed. 34 Ark. 632. The burden is on the party-alleging payment to prove it. 16 Ark. 651 ; 57 Ark. 270. The presumption, in this court, will be that the proof was sufficient to sustain the verdict, unless there is an entire absence of evidence on which to base the verdict. 46 Ark. 67 ; 46 Ark. 141 ; 47 Ark. 196 ; 51 Ark. 467.
1Opinion of the CourtWood, J.
Appellant brought suit before a justice of the peace against appellee on an account for merchandise amounting to $25.80. There were no written pleadings, and we can only determine the issue joined by the evidence adduced. The goods were sold on a credit in 1892. The correctness of the account as to items and amount was not disputed, but appellee claimed that the account had been paid. There was no presumption of payment, and the burden to show it was upon the appellee. Pelham v. Moreland, 11 Ark. 442 ; Wheat v. Moss, 16 id. 243 ; Mann v. Scott, 32 id. 593 ; Wood, Practice Evidence, 213 ;…
2Cases cited2 opinions
- Caulfield v. SandersCalifornia Supreme Court · 1861
- McLendon & Robinson v. HamblinSupreme Court of Alabama · 1859
3Cited by5 opinions
- Continental Gin Co. v. BentonSupreme Court of Arkansas · 1912
- Hays v. DickeySupreme Court of Arkansas · 1899
- Daugherty v. MerrifieldSupreme Court of Arkansas · 1935
- Continental Moss-Gordin, Inc. v. BeatonSupreme Court of Arkansas · 1969
- Tisdale v. AkersSupreme Court of Arkansas · 1949