Waterson v. Rogers
Supreme Court of Arkansas
Error from Marshall District Court. Action brought by Waterson against William Rogers and James M. Gallagher, upon two promissory notes. Trial at the December Term, 1876, of the district court, and judgment for defendants. New trial denied, and Waterson brings the case here on error.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action on two notes. A demurrer to the evidence was sustained, and this is the ruling complained of. This demurrer could have been sustained only in case of a total failure of proof upon some' essential- fact. If the plaintiff’s pleading was sufficient, and there was testimony tending fairly to establish every essential fact, then the ■demurrer was impropérly sustained, no matter on which side the preponderance of the evidence may appear to be. (Jansen v. The City of Atchison, 16 Kas. 358.) The notes were signed “Wm. Rogers, by…
2Cases cited1 opinion
- Jansen v. City of AtchisonSupreme Court of Kansas · 1876
3Cited by11 opinions
- Sartain v. WalkerSupreme Court of Oklahoma · 1916
- Frick v. ReynoldsSupreme Court of Oklahoma · 1898
- Blackwell v. KerchevalIdaho Supreme Court · 1915
- Fant v. CampbellSupreme Court of Oklahoma · 1899
- Bottom v. HarrisSupreme Court of Kansas · 1920
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