Hamby v. Brooks
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; 1. It was error to exclude the testimony of Regan, Hinton and Carrington.
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Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; 1. It was error to exclude the testimony of Regan, Hinton and Carrington. Brooks being dead, appellant was entitled to have every circumstance going to sustain his contention, however slight, to go to the jury for what it was worth under proper instructions. 2. The item of $225 was due more than three years before Brooks died, and is barred by the statute of limitations. 1. The evidence offered and excluded does not sustain appellant’s contention, and he was not prejudiced by its exclusion. Moreover, the testimony as to Brooks’s…
1Opinion of the CourtMcCulloch, J.
Appellee, Mae C. Brooks, presented and filed her claim on verified account in the aggregate sum of $950, exclusive of interest, against the estate of her deceased husband, J. T. Brooks. The case was tried in the circuit court on appeal from the probate court, and, after all the testimony had been introduced, the court instructed the jury to return a verdict in her favor for the full amount claimed. Judgment was rendered accordingly, and the administrator appealed to this court.
The account sued on contained three separate items, as follows :
1. - Amount collected by J. T. Brooks on 12 notes…
2Cases cited4 opinions
- Milner v. FreemanSupreme Court of Arkansas · 1882
- Chambers v. MichaelSupreme Court of Arkansas · 1903
- O'Hair v. O'HairSupreme Court of Arkansas · 1905
- Ward v. Estate of WardSupreme Court of Arkansas · 1880
3Cited by6 opinions
- Ayoob v. AyoobCalifornia Court of Appeal · 1946
- Hall v. CoxSupreme Court of Arkansas · 1912
- Williams v. WarrenSupreme Court of Arkansas · 1949
- Reaves v. CoffmanSupreme Court of Arkansas · 1908
- Cheney v. Auto Fedan Hay Press Co.Supreme Court of Arkansas · 1920
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