Everett v. Clements & Thompson
Supreme Court of Arkansas
Appeal from, the Marion Circuit Court. Clements & Thompson instituted three suits, before a justice of the peace, against Everett, on three several promissory notes, one of which only appears, from the transcript, to have been filed before the issuance of the writ. Everett appeared before the justice, and moved that the three suits be consolidated, which was done.
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Appeal from, the Marion Circuit Court. Clements & Thompson instituted three suits, before a justice of the peace, against Everett, on three several promissory notes, one of which only appears, from the transcript, to have been filed before the issuance of the writ. Everett appeared before the justice, and moved that the three suits be consolidated, which was done. He then pleaded a set-oif, and payment in plank: and, upon a trial, the justice gave judgment against him for the amount of the three notes, deducting the payment allowed. The defendant appealed to the circuit court, and, on a trial…
1Opinion of the CourtScott, J.
The court below overruled the appellant’s motion for a new trial, which on exceptions is assigned for error.
It is contended, by the appellees, that the presumption must be in favor of the judgment below, because, as it is urged, the bill of exceptions is not so explicit in its terms as to exclude the idea that more testimony than appears by it might not have been actually produced on the trial below. It first shows “ that the appellees, to support the issues on their part, read to the jury the three notes sued on:” then, “that the defendant, to establish payment of said notes, introduced,”…
2Cases cited1 opinion
- Reeves v. ClarkeSupreme Court of Arkansas · 1843