Bispham v. Turner
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; /. W. Meeks, Judge; Where evidence is erroneously admitted, it is presumed to have been prejudicial unless the contrary is shown, and the burden is on the party introducing it to show that no prejudice resulted. 4 Ark. 527; 69 Ark. 653; 77 Ark. 431. Sejournant’s testimony was competent, on the theory that ancestral estates, like pedigrees, can be proved by hearsay. 16 Cyc. 1224 b.
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Appeal from Randolph Circuit Court; /. W. Meeks, Judge; Where evidence is erroneously admitted, it is presumed to have been prejudicial unless the contrary is shown, and the burden is on the party introducing it to show that no prejudice resulted. 4 Ark. 527; 69 Ark. 653; 77 Ark. 431. Sejournant’s testimony was competent, on the theory that ancestral estates, like pedigrees, can be proved by hearsay. 16 Cyc. 1224 b. But, if it was incompetent, it related to an undisputed fact, and was not prejudicial. 66 Ark. 587; 77 Ark. 74; Id. 453; 78 Ark. 7; Id. 374. Admission of incompetent evidence is…
1Opinion of the CourtHiEE, C. J.
Appellee presented a claim against the estate of her deceased husband. Allowance for $500 was made in the probate court, and she appealed to the circuit court, where a verdict was rendered in her favor for the sum of $3,166.66, and judgment entered thereupon. The administrator appealed.
Appellant urges that the verdict is against the evidence, and that there is no competent evidence to support it. It would serve no useful purpose to review the evidence in detail. Suffice it to say that there were declarations of the deceased of use of his wife’s money, evidence of bank deposits in Mrs.…
2Cited by5 opinions
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- Haynes v. GwinSupreme Court of Arkansas · 1919
- H. Rouw Co. v. American Railway Express Co.Supreme Court of Arkansas · 1927
- Wooton v. KeatonSupreme Court of Arkansas · 1925