Shinn v. Plott
Supreme Court of Arkansas
Appeal from Pope Circuit Court; Williamt L,. Moose, Judge; The account was not proved, nor was the account verified. Only books of original entry are admissible in evidence, and a proper foundation must be laid. 10 Ark. 402; 63 Id. 562; 60 Id. 320; Id. 342; 53 S..W. 271; Abbott, Trial Evidence (2 Ed.), 400; 2 Wigmore, Ev. § 1530. No abjection to incompetent testimony necessary. 42 Ark. 310. There is no testimony to sustain the judgment.
Read the full summary
Appeal from Pope Circuit Court; Williamt L,. Moose, Judge; The account was not proved, nor was the account verified. Only books of original entry are admissible in evidence, and a proper foundation must be laid. 10 Ark. 402; 63 Id. 562; 60 Id. 320; Id. 342; 53 S..W. 271; Abbott, Trial Evidence (2 Ed.), 400; 2 Wigmore, Ev. § 1530. No abjection to incompetent testimony necessary. 42 Ark. 310. There is no testimony to sustain the judgment. The whole testimony is before the court for review, and should be treated as the findings of a chancellor. 55 Ark. 116; 41 Id. 294; 23 Id. 241. The account…
1Opinion of the CourtMcCurroch, J.
This is an action instituted by appellees, Plott, Newport & Company, a firm of merchants, against appellant, M. R. Shinn, to recover the amount of an account for goods sold. The case was tried on appeal in the circuit court before the trial judge sitting as a jury, and judgment was rendered for the plaintiffs.
The goods charged on the account were delivered to one Stinnett, a sharecropper on defendant’s farm, but plaintiffs claim that they sold the goods upon defendant’s account, and delivered the same to Stinnett at his instance and request. This was denied by the defendant.
There is no proof…
2Cases cited1 opinion
- Schuman v. SandersonSupreme Court of Arkansas · 1904
3Cited by7 opinions
- Jones v. SeymourSupreme Court of Arkansas · 1910
- Ramey v. FletcherSupreme Court of Arkansas · 1928
- White Company v. BraggSupreme Court of Arkansas · 1925
- Newman v. NewmanSupreme Court of Arkansas · 1943
- Yazoo & Mississippi Valley Railroad v. SolomonSupreme Court of Arkansas · 1916
2 more not listed; retrieve them via the Exa API.