Jarvis v. Andrews
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; 1. The hearsay testimony of Nannie Pitts should have been excluded. 10 Ark. 638; 16 Ark. 628;.i Greenleaf, Ev. § 99; 15 Am. & Eng. Ene. Eaw (2 Ed.), 309; 6 Ark. 86; 23 Ark. 282. 2. It was error to refuse to permit witness Jarvis to.testify as to whether or not he executed the note in controversy.
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; 1. The hearsay testimony of Nannie Pitts should have been excluded. 10 Ark. 638; 16 Ark. 628;.i Greenleaf, Ev. § 99; 15 Am. & Eng. Ene. Eaw (2 Ed.), 309; 6 Ark. 86; 23 Ark. 282. 2. It was error to refuse to permit witness Jarvis to.testify as to whether or not he executed the note in controversy. Before one is permitted to introduce secondary evidence to establish the contents of a lost instrument, he must prove its former existence as a genuine instrument, and that it has been lost or destroyed. 33 Ala. 653; 102 Ga. 830; 99 111.…
1Opinion of the CourtHill, C. J.
Nancy W. Smith filed a claim against the estate of Sarah A. Pitts, alleging that the deceased was indebted to her • in- the sum of $900 and interest, evidenced by a promissory note which had been lost, which note was signed by said Sarah A. Pitts, Floyd A. Jarvis, a son of Mrs. Pitts, and Nannie F. Jarvis, the wife of Floyd Jarvis. Mrs. Smith died, and appellee was appointed administrator of her estate, and continued the suit. Floyd A. Jarvis qualified as executor of the last will and testament of his mother, Mrs. Pitts. After a trial in the probate court the claim was allowed, and, on trial…
2Cases cited1 opinion
- St. L., I. M. & S. Ry. v. HendricksSupreme Court of Arkansas · 1886
3Cited by5 opinions
- Williams v. WaldenSupreme Court of Arkansas · 1907
- Josephs v. BriantSupreme Court of Arkansas · 1913
- Arkansas Power Light Company v. Liebe, Admx.Supreme Court of Arkansas · 1940
- Kirkpatrick v. American Railway Express CompanySupreme Court of Arkansas · 1928
- Interstate Jobbing Company v. VelvinSupreme Court of Arkansas · 1926