Legal Opinion

Stanley v. Wilkerson

Supreme Court of Arkansas

Decided March 20, 1897PublishedCited by 13 opinions

Appeal from Woodruff Circuit Court. Grant Green, Jr., Judge. 1. It was error to exclude the entries upon the journals of W. P. Campbell & Bro., the bookkeepers being dead, and the original books of entry burned. 57 Ark. 415; 18 Wall. 540, 541. 2. It was error to refuse to allow J. H. Campbell to testify, after his interest in the suit ceased, and he was no long-er a party. 43 Ark. 307; 46 id. 378. Even interest does not disqualify. 46 Ark. 306. The entries upon the journal…

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Appeal from Woodruff Circuit Court. Grant Green, Jr., Judge. 1. It was error to exclude the entries upon the journals of W. P. Campbell & Bro., the bookkeepers being dead, and the original books of entry burned. 57 Ark. 415; 18 Wall. 540, 541. 2. It was error to refuse to allow J. H. Campbell to testify, after his interest in the suit ceased, and he was no long-er a party. 43 Ark. 307; 46 id. 378. Even interest does not disqualify. 46 Ark. 306. The entries upon the journal were not original entries, and were not admissible. J. H. Campbell, one of the original plaintiffs could not testify. He…

1Opinion of the CourtBunn, C. J.

This litigation was commenced in the Woodruff probate court, at its January term, 1892, by the filing' of a duly authenticated account against Josephine Wilkerson, administratrix of the estate of her deceased husband, L. B. Wilkerson, which had been disallowed by her as such administratrix. Upon the hearing, the probate court allowed the account, amounting then to the sum of $829.81, with legal interest from the 26th day of February, 1891, and from this judgment of allowance the administratrix appealed to the circuit court.

Pending the appeal, plaintiffs, W. P. Campbell & Bro., made a general…

2Cases cited2 opinions

  1. United States v. DicksonSupreme Court of the United States · 1841
  2. Potter v. National BankSupreme Court of the United States · 1880

3Cited by13 opinions

  1. Shirley v. Southern Ry. Co.Supreme Court of Alabama · 1916
  2. Mosley v. Mohawk Lumber Co.Supreme Court of Arkansas · 1916
  3. Witte v. KoeppenSouth Dakota Supreme Court · 1899
  4. Corbett v. KinganArizona Supreme Court · 1917
  5. St. Louis Southwestern Railway Co. v. White Sewing Machine Co.Supreme Court of Arkansas · 1906

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