Bowden v. Spellman
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. 1. It was error to refuse to allow witness, Bowden,, to refresh his memory by reference to the memorandum which he had, and which he proposed to use for that purpose. 1 Gr.
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Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. 1. It was error to refuse to allow witness, Bowden,, to refresh his memory by reference to the memorandum which he had, and which he proposed to use for that purpose. 1 Gr. Ev. sec. 436. 2. The court erred in allowing witness, Muse, tosíate conversations had between him and Joe N. Martin as to the value of the goods, etc., sold after the date of the sale, and the reasons for making the sale. 9 Ark-92 ; 10 id. 429; 5 id. 13. It was not shown that Martin was in possession as the agent of Bowden ; and if it had been, his declarations would…
1Opinion
Opinion on rehearing.
Wood, J.
1. The appellant asked for an instruction numbered three, which the court refused. The presumption is the court was correct until the contrary is made to appear. The presumption is, in other words, that there was evidence of a tender of the notes to defendants in attachment by the attaching creditors, and a refusal to accept same, or that some other fact was shown which rendered the giving of the instruction improper or unnecessary. (Same will apply to instruction numbered seven, given). Yet the appellant does not set out in his bill of exceptions, any of these…
2Cases cited9 opinions
- Avery v. ClemonsSupreme Court of Connecticut · 1847
- Cahoon v. MarshallCalifornia Supreme Court · 1864
- Blake v. GravesSupreme Court of Iowa · 1865
- Oatis v. BrownSupreme Court of Georgia · 1877
- Grant v. LewisWisconsin Supreme Court · 1861
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