McDonald v. Daniel
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Calvin T. Cotham, Judge; Where the testimony in support of a motion for a new trial on the ground of newly discovered evidence is conflicting and controverted, the trial court correctly exercises a sound discretion in disposing of the question of fact thereby raised; but where the affidavit and motion is not controverted, there is no such discretion. 74 Ark. 388. The rule as to cumulative evidence is not an absolute test. 66 Ark. 525. It is…
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Appeal from Garland Circuit Court; Calvin T. Cotham, Judge; Where the testimony in support of a motion for a new trial on the ground of newly discovered evidence is conflicting and controverted, the trial court correctly exercises a sound discretion in disposing of the question of fact thereby raised; but where the affidavit and motion is not controverted, there is no such discretion. 74 Ark. 388. The rule as to cumulative evidence is not an absolute test. 66 Ark. 525. It is not error to deny a motion for new trial based on newly discovered evidence where such evidence is merely cumulative.…
1Opinion of the CourtFrauenthal, J.
This is an action to recover the balance alleged to be due upon a note. The appellants admitted the execution of the note, but pleaded a partial failure of the consideration for which it was executed. The appellee is the administratrix of her husband’s estate, and amongst the property thereof was a stock of goods. She obtained an order from the probate court to sell the stock of goods, and in said order and also in the notice of the sale it was stated that the sale would be made subject to the approval of said court. It appears that an inventory and appraisement had been made of all the…
2Cases cited4 opinions
- Douglass v. StateSupreme Court of Arkansas · 1909
- Russell v. StateSupreme Court of Arkansas · 1910
- Foster v. StateSupreme Court of Arkansas · 1885
- Rynes v. StateSupreme Court of Arkansas · 1911
3Cited by8 opinions
- Oviatt, Administrator v. GarretsonSupreme Court of Arkansas · 1943
- Aetna Life Ins. Co. v. LangstonSupreme Court of Arkansas · 1934
- Lind v. StateSupreme Court of Arkansas · 1918
- Northwest Arkansas Farmers' Mutual Tornado Insurance v. OsbornSupreme Court of Arkansas · 1929
- Hinkle v. LassiterSupreme Court of Arkansas · 1920
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