Scott v. Cleveland
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District; J. F. Gaivtney, Judge; 1. Where the existence at one time of a certain condition or state of things of a continuing nature is shown the general presumption arises that such condition or state "continues to exist until the contrary is Shown by either circumstantial or direct evidence. 22 Am. & Eng. Ene.
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Appeal from Clay Circuit Court, Western District; J. F. Gaivtney, Judge; 1. Where the existence at one time of a certain condition or state of things of a continuing nature is shown the general presumption arises that such condition or state "continues to exist until the contrary is Shown by either circumstantial or direct evidence. 22 Am. & Eng. Ene. L. 1238-9, 4-b.; 29 Ark. 131; 34 Id. 707-711; 61 Ala. 19. John James’ reputation was shown to be bad for truth and- morality, and his reputation is still presumed to be bad, no testimony 'being offered that a change had taken place. Hence it was…
1Opinion of the CourtMcCulloch, C. J.
This is .an action instituted by appellee against appellants to recover the sum of $1,000 alleged to be due for commission on the sale of timber standing on the lands of appellants in Clay County. There was a judgment in favor of appellee for the full (amount claimed. The case was here on a former appeal from a judgment in appellee’s favor, and we reversed the cause on account of the error of the court in refusing to grant a continuance.- 110 Ark. 9.
Appellants owned a tract of timber land in Clay County and were seeking .a purchaser for the timber. It was finally sold to Mr. T. E. Day, of…
2Cases cited2 opinions
- Murray v. MillerSupreme Court of Arkansas · 1914
- Scott v. ClevelandSupreme Court of Arkansas · 1913
3Cited by4 opinions
- Scott v. ClevelandSupreme Court of Arkansas · 1917
- Newton v. AltheimerSupreme Court of Arkansas · 1926
- St. Louis Southwestern Railway Co. v. JacksonSupreme Court of Arkansas · 1969
- St. Louis Southwestern Railway Co. v. JacksonSupreme Court of Arkansas · 1969