Holbrook v. Neely
Supreme Court of Arkansas
Appeal from Conway Circuit Court; Hugh Basham, Judge: The peremptory instruction, was erroneous. The evidence presented a question for the jury.
Read the full summary
Appeal from Conway Circuit Court; Hugh Basham, Judge: The peremptory instruction, was erroneous. The evidence presented a question for the jury. Brickwood’s Sackett’s Instructions, § 258; 47 Ill. 510; 37 Ark. 193 ; 47 Id. 567; 57 Id. 461; 66 Id. 366; 73 Id. 561; 76 Id. 520; 82 Id. 86. Especially in view of the fact that the burden was on the plaintiff, and he had no supporting witness. 88 Ind. 122; 82 Ark. 86; 88 Id. 550. Although the only evidence presented is that of an interested party, if such, evidence is unimpeached, free from suspicion and not inaccurate, the trial judge may properly…
1Opinion of the CourtHart, J.
This is a suit in replevin begun in a justice’s court by S. S. Neely against J. E. Holbrook to recover the possession of a black mare. Judgment was rendered in favor of the plaintiff, and the defendant appealed to the circuit court. From a judgment, rendered against him in the circuit court the defendant has duly prosecuted an appeal to this court. The only question raised by the appeal is, did the court err in directing a verdict for the plaintiff ?
On the 23d day of July, 1906, G. F. Gilbert executed his note payable on or before October 1, 1906, to J. C. Duncan for $50 for the purchase…
2Cases cited2 opinions
- Skillern v. BakerSupreme Court of Arkansas · 1907
- Merchants' Fire Insurance v. McAdamsSupreme Court of Arkansas · 1908
3Cited by2 opinions
- Harris v. BushSupreme Court of Arkansas · 1917
- El Dorado Ice & Cold Storage Co. v. Dingle & KincaidSupreme Court of Arkansas · 1927