Legal Opinion

Bell & Carlton v. Welch

Supreme Court of Arkansas

Decided November 15, 1881PublishedCited by 7 opinions

APPEAL from Pulaski Circuit Court. Hon. J. W. Martin, Circuit Judge. This court has decided that a new' will not be granted. o.n mere weight of evidence, but only.where the case is so-clear as to shock the sense of justice “at first blush,” and has gone so far as to apply the doctrine to a finding of the-court sitting as a jury, which is not based on the same foundation of reason.

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APPEAL from Pulaski Circuit Court. Hon. J. W. Martin, Circuit Judge. This court has decided that a new' will not be granted. o.n mere weight of evidence, but only.where the case is so-clear as to shock the sense of justice “at first blush,” and has gone so far as to apply the doctrine to a finding of the-court sitting as a jury, which is not based on the same foundation of reason. The same reason exists for reversing-the finding of a sole judge, as for reversing the opinion of a judge on questions of law. The Statute never contemplated fixing the seal of infallibility on a judge sitting as a.…

1Opinion of the CourtEakin, J.

Welch, as administrator, sued Bell & Carlton upon an account for moneys collected by them as attorneys, and recovered the sum of $2130. Pending the suit ■Carlton died, and his executrix was made a party.

The defendants resisted the claim, setting up, by way of •defense and set-off, matter substantially as follows :

They say that in the year 1858, they were employed by 'Mary E. Ashley, who then represented said estate, and was the sole legatee, to begin and prosecute a suit in ejectment to recover a certain tract of land for the estate, which was then adversely held, and had been in the…

2Cited by7 opinions

  1. Lilly v. Robinson Mercantile Co.Supreme Court of Arkansas · 1913
  2. Sain v. BogleSupreme Court of Arkansas · 1916
  3. Badgett v. BadgettSupreme Court of Arkansas · 1914
  4. Dunn v. WallingfordUtah Supreme Court · 1916
  5. Arkansas Central Railroad v. JansonSupreme Court of Arkansas · 1909

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