Jenkins v. Quick
Supreme Court of Arkansas
Appeal from White Circuit Court; Hance N. Hutton, Judge; 1. " Instruction 1, for appellant, should have been given. Affidavits by either party to a- suit concerning the subject-matter thereof are always admissible as evidence for the purpose of contradicting affiant when he testifies. 89 Ark. 487; 68 Id. 587; 93 Id. 2; 55 Id. 85. 2. The opening statement and closing argument of plaintiff’s attorney was improper and prejudicial. 58 Ark. 353; 61 Id. 138; 63 Id. 174; 65 Id. 626…
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Appeal from White Circuit Court; Hance N. Hutton, Judge; 1. " Instruction 1, for appellant, should have been given. Affidavits by either party to a- suit concerning the subject-matter thereof are always admissible as evidence for the purpose of contradicting affiant when he testifies. 89 Ark. 487; 68 Id. 587; 93 Id. 2; 55 Id. 85. 2. The opening statement and closing argument of plaintiff’s attorney was improper and prejudicial. 58 Ark. 353; 61 Id. 138; 63 Id. 174; 65 Id. 626 ; 70 Id. 306. 3. The charge of the court, so far it refers to a conditional sale, was abstract and misleading. 77 Ark.…
1Opinion of the CourtWood, J.
The appellee sued appellant in replevin to recover the possession of a horse. His affidavit set up the allegation of ownership and the usual statutory requirements. Appellant denied the allegations of the plaintiff, and set up that he had sold the horse obtained from the appellee, and that he was not in the possession thereof at the time the suit was brought.
The contention of the appellee was that he had traded horses with the appellant on condition that if the mare obtained from appellant in exchange for the horse of appellee did not possess certain qualities which appellant guaranteed her…
2Cases cited8 opinions
- Railway Co. v. LymanSupreme Court of Arkansas · 1893
- Winter v. BandelSupreme Court of Arkansas · 1875
- Western Coal & Mining Co. v. JonesSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. AikenSupreme Court of Arkansas · 1911
- Quertermous v. StateSupreme Court of Arkansas · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fowler v. StateSupreme Court of Arkansas · 1917
- Watkins v. Metropolitan Life InsuranceSupreme Court of Arkansas · 1923
- Gregory v. Rees Plumbing Co.Supreme Court of Arkansas · 1954
- Nutt v. FrySupreme Court of Arkansas · 1915
- Arkansas Power & Light Co. v. MartSupreme Court of Arkansas · 1933
1 more not listed; retrieve them via the Exa API.