Terry v. Clark
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; JoEE D. Conway, Judge; Instruction No. 1 was erroneous, there being no evidence of a gift by D. P. Terry to plaintiffs, and it was foreign to the issues. 37 Ark. 580; 7 Ark. 470; 16 Ark. 628; 41 Ark. 282. It was error to admit testimony,to the effect that D. P. Terry used and controlled the property after the death of plaintiff’s mother. 43 Ark. 320. In the absence of a conflict in testimony, the jury have no right to arbitrarily…
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Appeal from Hempstead Circuit Court; JoEE D. Conway, Judge; Instruction No. 1 was erroneous, there being no evidence of a gift by D. P. Terry to plaintiffs, and it was foreign to the issues. 37 Ark. 580; 7 Ark. 470; 16 Ark. 628; 41 Ark. 282. It was error to admit testimony,to the effect that D. P. Terry used and controlled the property after the death of plaintiff’s mother. 43 Ark. 320. In the absence of a conflict in testimony, the jury have no right to arbitrarily disregard the testimony. 53 Ark. 96; 66 Ark. 439; lb. 513; 67 Ark. 514. This court will set aside the verdict when it is so…
1Opinion of the CourtBattle, J.
Carroll and Due Price Terry,- by their next friend, brought an action against A. B. Clark and others, and alleged in their complaint that they are minors, having no guardian; that on 16th day of June, 1903, they were the owners of certain household furniture, of the aggregate value of $97; and that A. B. Clark, claiming that D. P. Terry was indebted to him, sued out an attachment against him before the mayor of Hope and ex-ofhcio justice of the peace, and caused Augustus Kyle, marshal of the town of Hope, to levy the' same on the furniture of plaintiffs, to their damage in the sum of $97.
They…
2Cases cited4 opinions
- Shinn v. TuckerSupreme Court of Arkansas · 1881
- Beavers v. StateSupreme Court of Arkansas · 1891
- State Bank v. McGuireSupreme Court of Arkansas · 1854
- Lawrence County v. CoffmanSupreme Court of Arkansas · 1880
3Cited by2 opinions
- Kinslow v. StateSupreme Court of Arkansas · 1908
- Ong Chair Co. v. CookSupreme Court of Arkansas · 1908