Missouri Pacific Railway Co. v. Yarnell
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court. Hance N. Hutton, Judge. STATEMENT BY THE COURT. The appellee, as assignee of A. F. Smith, recovered, a judgment against the appellant, for $392, for failure of the appellant to comply with the following contract: • “Agreement made this twentieth (20th) day of November, A. D. 1890, by and between A. F. Smith, of Bald Knob, Arkansas, of the first part, and the Missouri Pacific Railway Company, of the second part, to-wit: “The said A. F.…
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Appeal from Woodruff Circuit Court. Hance N. Hutton, Judge. STATEMENT BY THE COURT. The appellee, as assignee of A. F. Smith, recovered, a judgment against the appellant, for $392, for failure of the appellant to comply with the following contract: • “Agreement made this twentieth (20th) day of November, A. D. 1890, by and between A. F. Smith, of Bald Knob, Arkansas, of the first part, and the Missouri Pacific Railway Company, of the second part, to-wit: “The said A. F. Smith, of the first part, agrees to furnish to the party of the second part piling, free on board cars on the St. Louis,…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) As the appellant did not deny the genuineness of the contract sued upon under oath before the trial .began, he could not upon the trial object to the introduction in evidence of the copy. The proof showed that the original was in the possession of the appellant; and he should have made his objection that only a copy, and not the original, was exhibited with the complaint before the trial. By his failure to do so, he waived' his objection, and should not have been allowed to take an unlooked-for and unfair advantage of the appellee by having it excluded…
2Cited by15 opinions
- Ben F. Levis, Inc. v. CollinsSupreme Court of Arkansas · 1949
- Berman v. ShelbySupreme Court of Arkansas · 1910
- John A. Gauger & Co. v. Sawyer & Austin Lumber Co.Supreme Court of Arkansas · 1908
- Ingram v. FredCourt of Appeals of Texas · 1918
- Kelley v. Northern Ohio Co.Supreme Court of Arkansas · 1946
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