Mitchell v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, S'econd Division, Edward W. Winñeld, Judge; Action in replevin by Mattie P. Mitchell against Smith & Poe, and Cas Harper, constable, to recover possession of a lot of catcle seized under execution against R. L. Mitchell, plaintiff’s husband.
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Appeal from Pulaski Circuit Court, S'econd Division, Edward W. Winñeld, Judge; Action in replevin by Mattie P. Mitchell against Smith & Poe, and Cas Harper, constable, to recover possession of a lot of catcle seized under execution against R. L. Mitchell, plaintiff’s husband. Verdict and judgment in favor of defendants, and plaintiff appealed. 1. The jury were prejudiced by the testimony as to the acts of the husband, and rumors in the country as to the ownership of the cattle, etc., all of which were incompetent and objected to. Especially was the testimony as to statements by her husband…
1Opinion of the CourtMcCulloch, J.
No exceptions were saved to the giving or refusal of instructions, but it is contended on behalf of appellant that the evidence does not sustain the verdict, and that the court erred in admitting evidence introduced by appellee. The cattle were seized under execution on a judgment in favor of Smith & Poe against appellant’s husband. She introduced evidence tending to show that, the cattle belonged to her, but we think there was sufficient evidence to warrant a finding by the jury that she had permitted her husband to hold the property out as his own. A finding of that fact called for a…
2Cases cited1 opinion
- Driggs & Co.'s Bank v. NorwoodSupreme Court of Arkansas · 1887
3Cited by11 opinions
- Latham v. First National BankSupreme Court of Arkansas · 1909
- McDonald v. StateSupreme Court of Arkansas · 1924
- Crawford v. StateSupreme Court of Arkansas · 1918
- Cammack v. Southwestern Fire InsuranceSupreme Court of Arkansas · 1908
- Tarkington v. StateSupreme Court of Arkansas · 1922
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