Johnson v. Dooley
Supreme Court of Arkansas
Appeal from Pulaski Circuit-Court. Joseph W. Martin, Judge. •A claim must be properly authenticated when presented to an administrator, in order to give a right of action thereon for his refusal of it. Sand. & H. Dig., §§ 114, 119; 30 Ark. 755; 48 Ark. 304; 48 Ark. 360. In a suit by an administrator, neither party will be allowed to testify against the other, as to transactions with the deceased.
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Appeal from Pulaski Circuit-Court. Joseph W. Martin, Judge. •A claim must be properly authenticated when presented to an administrator, in order to give a right of action thereon for his refusal of it. Sand. & H. Dig., §§ 114, 119; 30 Ark. 755; 48 Ark. 304; 48 Ark. 360. In a suit by an administrator, neither party will be allowed to testify against the other, as to transactions with the deceased. Const, of Ark. § 2 of schedule; 26 Ark. 476; 31 Ark. 364; 30 Ark. 285; 43 Ark. 307; 51 Ark. 401; 52 Ark. 550; 54 Ark. 185. Express waiver of actual production does away with the necessity for it in a…
1Opinion of the CourtWood, J.
This appeal is from a judgment of the Pulaski circuit court in favor of appellee, based upon the following instrument: “$1,000. Keesville, N. Y., Aug. 3, 1882. On the first day of January, 1883, for value received, I promise to pay Laura S. Hewitt one thousand dollars, with interest, payable in levee bonds of the state of Arkansas, at par, and at Little Rock, in said state. N. G. Hewitt.”
The case was tried by the court sitting as a jury, and the facts, as found by the court, are as follows: “The court finds the note executed August 3, 1882, and due January 1, 1883; that N. G. Hewett died…
2Cases cited5 opinions
- Day v. LaffertySupreme Court of Arkansas · 1842
- Hudspeth v. Gray, Durrive & Co.Supreme Court of Arkansas · 1843
- Hawkins v. WatkinsSupreme Court of Arkansas · 1843
- Anthony v. HumphriesSupreme Court of Arkansas · 1848
- Sims v. WhitlockSupreme Court of Arkansas · 1843
3Cited by8 opinions
- Farmers Bank v. Johnson, King & Co.Supreme Court of Georgia · 1910
- Henry v. North American Ry. Const. Co.Court of Appeals for the Eighth Circuit · 1907
- Ingram v. MandlerCourt of Appeals for the Tenth Circuit · 1932
- Poppleton v. JonesOregon Supreme Court · 1902
- Bartlett v. Woodworth-Mason Co.Supreme Court of New Hampshire · 1898
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