Brown v. Creekmore
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; James Cochran, Judge; 1. The court erred in permitting defendant to testify as to transactions between him and appellant’s decedent.
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Appeal from Crawford Circuit Court; James Cochran, Judge; 1. The court erred in permitting defendant to testify as to transactions between him and appellant’s decedent. Kirby’s Digest, § 3093; 48 Ark. 133; 46 Id. 306; 50 Id. 157; 82 Id. 136; 123 Id. 266; 132 Id. ,441. The clause applies also to special administrators, as the word “administrator” as used applies to all, whether general or special. 2. It was error to allow the defendant to set up a defense which was res judicata the matters which had been pleaded in the chancery decree and there decided. 20 Ark. 91. The special administrator is…
1Opinion of the CourtMcCulloch, C. J.
Appellant’s intestate, Gr. A. Yincenheller, instituted this action against appellee before a justice of the peace in Crawford County to recover a balance of $100, alleged to be due and unpaid on a promissory note executed by appellee. Yincenheller died while the cause was pending in the circuit court on appeal, and there was a revivor in the name of appellant as special administrator.
The note sued on was executed by appellee to Yincenheller for the sum of $500, but, according to the testimony adduced in the cause, it had been paid down to a balance of $100, and appellee pleaded a counterclaim…
2Cases cited1 opinion
- Quisenberry v. DavisSupreme Court of Arkansas · 1918
3Cited by2 opinions
- King v. Dickinson-Reed-Randerson CompanySupreme Court of Arkansas · 1925
- Edgmon v. EdgmonSupreme Court of Arkansas · 1937