Legal Opinion

Burnett v. Turner

Supreme Court of Arkansas

Decided November 18, 1912PublishedCited by 5 opinions

Appeal from Mississippi Circuit Court, Osceola District; Frank Smith, Judge; 1. To suspend our statute by a promise, whether before or after the bar applies, the promise or acknowledgment must be in writing.

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Appeal from Mississippi Circuit Court, Osceola District; Frank Smith, Judge; 1. To suspend our statute by a promise, whether before or after the bar applies, the promise or acknowledgment must be in writing. Kirby’s Dig,. § 5079; 25 Cyc. 1351; 26 Ark. 541; 66 Id. 464; 77 Id. 228. There must be an express written promise to pay. 10 Ark. 134; 9 Id. 455; 12 Id. 595; 42 N. Y. 448; 45 W. Rep. 446; 93 Id. 220; 25 Cyc. 1351; 72 Ga. 74. 2. When the statute is pleaded, the burden is on plaintiff to show the action is not barred. 69 Ark. 311; 64 Id. 26; 10 Id. 598. The forbearance to sue was…

1Opinion of the CourtMcCulloch, C. J.

Appellees are practicing physicians, and instituted this action before a justice of the peace against appellant to recover an account for professional services rendered. The account which forms the basis of the action seems to embrace items alleged to be due the two physicians separately, that is to say, $101.50 to Doctor Turner and $50.00 to Doctor Dunavant; but no question is raised as to the improper joinder of the two causes of action. The suit was first instituted by Doctor Turner, and afterwards Doctor Dunavant was allowed to .join as a party plaintiff. But no objection- is made to…

2Cases cited4 opinions

  1. Bridges v. StephensSupreme Court of Missouri · 1896
  2. Hill v. Hilliard & Co.Supreme Court of North Carolina · 1889
  3. O'Neal v. Chicago & Indiana Coal Railway Co.Indiana Supreme Court · 1892
  4. Jordan v. JordanTennessee Supreme Court · 1887

3Cited by5 opinions

  1. Scheuer v. ScheuerNew York Court of Appeals · 1955
  2. State Ex Rel. Ludwick v. BryantSupreme Court of Kansas · 1985
  3. Strong v. Sunset Copper Co.Washington Supreme Court · 1941
  4. Dunnington v. TaylorSupreme Court of Arkansas · 1939
  5. Holmes v. ThompsonSupreme Court of Arkansas · 1966

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