Peterson v. Gresham
Supreme Court of Arkansas
Appeal from Union Circuit Court. Hon. John T. Bearden, Circuit Judge. The.general issue in trover puts in issue the plaintiff’s title as well as the conversion. Stone v. Waggoner, 8 Eng., (8 Ark.,) 206; 2 Green. Ev., s. 648; 2 Sand. El. $ Ev., 872 unii-887; 1. Chitty’s EL, 436; ,(5 Am. 'edit.;) 2 Sdwn.
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Appeal from Union Circuit Court. Hon. John T. Bearden, Circuit Judge. The.general issue in trover puts in issue the plaintiff’s title as well as the conversion. Stone v. Waggoner, 8 Eng., (8 Ark.,) 206; 2 Green. Ev., s. 648; 2 Sand. El. $ Ev., 872 unii-887; 1. Chitty’s EL, 436; ,(5 Am. 'edit.;) 2 Sdwn. N. E, 1068, (2 Am. edit.,) Bnlwer’s K. E, 48; Eanley v. Rector, 10 Ark., 211. In'rebutting-title in plaintiff, defendant may prove title in a stranger. .Dates v. Reck, 8 Tenn., 330; Schehnerhorn v. Van Valkenbu.rg, 11 J. R., 529: Kenedy r. Strong, 14//;., 128; Rotan r. E"! etcher. 15 ib., 207.…
1Opinion of the CourtHarrison, J.
This is an action of trover, in the Union circuit court, by William G. Gresham, against Frederick A. Peterson, for twelve bales of cotton. At the October term, 1867, the defendant appeared and pleaded the general issue, and at the April term, 1868, the case was tried by a jury, and a verdict returned for the plaintiff for $1,388^^ damages. The defendant moved for a new' trial upon the • following grounds: 1. That the court, at the previous term, refused to require the plaintiff to answer interrogatories exhibited against him by defendant for discovery. 2. That illegal evidence was admitted on…
2Cases cited1 opinion
- Crary v. SpragueNew York Supreme Court · 1834
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