Hershy v. Clarksville Institute
Supreme Court of Arkansas
Appeal from, Johnson Cvrcmb Cowt. Tbe Hon. A. B. GbeeNwood, Circuit Judge. Tbe trustees of tbe Institute, in whom all its property rested under tbe charter, were incompetent as witnesses, on tbe ground that they were parties to tbe suit— parties on tbe record baring a direct interest, to tbe extent of the costs at least. Phill. Eh. 57/ 1 Crernl. on Ed., seos. 329, 330/ Pet. O. C. P. 807/ 4 How.
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Appeal from, Johnson Cvrcmb Cowt. Tbe Hon. A. B. GbeeNwood, Circuit Judge. Tbe trustees of tbe Institute, in whom all its property rested under tbe charter, were incompetent as witnesses, on tbe ground that they were parties to tbe suit— parties on tbe record baring a direct interest, to tbe extent of the costs at least. Phill. Eh. 57/ 1 Crernl. on Ed., seos. 329, 330/ Pet. O. C. P. 807/ 4 How. V. 8. Rep. 417/ 5 lb. 94. Corporators, as such, in such cases, being tbe real parties to tbe suit, are not competent witnesses. 13 Petersd. C. L. 418; 1 Qreenl. Eh., seo. 175. Those who were bound in…
1Opinion of the Court
Mr. Chief Justice "WatKiks
delivered the opinion of the Court.
The appellant, Hershy, instituted suit, by attachment', before a justice of the peace, against James Ohamplin; and among the effects seized by the officer, under the writ of attachment, was a piano, which vas claimed by the Clarksville Institute, who accordingly filed an interpleader, and the justice, before whom the process was returnable, immediately proceeded to enquire into and determine the right of property. The decision there was, that the property, claimed in the interplea, belonged to Ohamplin, the defendant in the…
2Cases cited1 opinion
- Neal v. NewlandSupreme Court of Arkansas · 1842
3Cited by4 opinions
- Su Lee v. PeckNevada Supreme Court · 1925
- Citizens Bank v. Commercial National BankSupreme Court of Arkansas · 1913
- DeLoach Mill Manufacturing Co. v. Little Rock Mill & Elevator Co.Supreme Court of Arkansas · 1898
- Butts v. WoodsNew Mexico Supreme Court · 1888