Legal Opinion

Nolen v. Harden

Supreme Court of Arkansas

Decided November 15, 1884PublishedCited by 28 opinions

APPEAL from Clarh Circuit Court in Chancery. Hon. H. B. Stuart Circuit Judge. So much of the testimony of C. S. Hill, J. C. Pettus and C. A. Hightower as relates to transactions with or statements oí M. O. Hill deceased should have been excluded. Sec. 2 of Schedule to Const. 1874. So much of the testimony of Mrs. C. A. Hightower as relates to the statements made by M. O. Hill in her presence and hearing, while she was his wife, should have been excluded. 1 Greenl. on Ev.

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APPEAL from Clarh Circuit Court in Chancery. Hon. H. B. Stuart Circuit Judge. So much of the testimony of C. S. Hill, J. C. Pettus and C. A. Hightower as relates to transactions with or statements oí M. O. Hill deceased should have been excluded. Sec. 2 of Schedule to Const. 1874. So much of the testimony of Mrs. C. A. Hightower as relates to the statements made by M. O. Hill in her presence and hearing, while she was his wife, should have been excluded. 1 Greenl. on Ev. Sec. 337.-8; Gantt’s Dig., Sec. 2482 ; Acts 1883, page 8. In gifts inter vivos and causa mortis, there must be an actual…

1Opinion of the CourtEakin, J.

On the 2nd day of January 1882, Dora O. Baugh, with her husband, R. H. Baugh, sued J. C. Pettus and C. S. Hill on a bill of exchange for $1,875, drawn by them in favor of plaintiffs, on the 10th, of August, 1881, upon Wolf, Bro. & Bath, of St. Louis, payable by the 1st of December following, and which had been protested for nonacceptance.

They answered, showing, that Milton A. Hill had died intestate in Clark county, about the 2nd of July, 1876, leaving a widow, Oynthia A.' Hill, who had since intermarried with Wm. H. Hightower ; also children, to-wit: Lanra A. (wife of Washington Harden);…

2Cited by28 opinions

  1. Ferguson v. GreenSupreme Court of Arkansas · 1979
  2. Sexton v. SextonSupreme Court of Iowa · 1905
  3. Lowe v. HartSupreme Court of Arkansas · 1910
  4. 555, Inc. v. CommissionerUnited States Tax Court · 1950
  5. Jackson v. GallagherSupreme Court of Georgia · 1907

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