R. G. Atkinson & Co. v. W. A. & C. A. Ward
Supreme Court of Arkansas
APPEAL from Cleveland Circuit Court in Chancery. Hon. J. M. Bradley, Judge. The evidence of the Wards bears upon its face evidence of falsity on many material points, and the maxim “ falsus- in uno, falsus in omnibus,” is applicable. 24 Ark., 410. Atkinson’s testimony is clear, distinct, specific and minute, and is corroborated by many circumstances, while the Wards’ is general, and amounts to nothing, except that W. A. Ward bought the property for $1500 and without notice.
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APPEAL from Cleveland Circuit Court in Chancery. Hon. J. M. Bradley, Judge. The evidence of the Wards bears upon its face evidence of falsity on many material points, and the maxim “ falsus- in uno, falsus in omnibus,” is applicable. 24 Ark., 410. Atkinson’s testimony is clear, distinct, specific and minute, and is corroborated by many circumstances, while the Wards’ is general, and amounts to nothing, except that W. A. Ward bought the property for $1500 and without notice. They failed to state material facts indisputably within their knowledge, and this strengthens Atkinson’s testimony. The…
1Opinion of the CourtCockrill, C. J.
W. A. Ward brought his action for the possession of a lot in the town of Kingsland, against the tenants of the appellants. The appellants were substituted as defendants and filed an equitable answer and cross-complaint, in which it was alleged that they were merchants in business in the city of Pine Bluff; that in 1882 they had established a branch store at a railroad camp at the point now known as Kingsland, and placed Charles A. Ward, who is the son of W. A. Ward, in sole charge thereof, as their agent, and gave him power to conduct their mercantile business at that point; that he converted…
2Cases cited6 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- May v. Le ClaireSupreme Court of the United States · 1871
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Wells, Fargo & Co. v. RobinsonCalifornia Supreme Court · 1859
- French v. SheplorIndiana Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Red Bud Realty Co. v. SouthSupreme Court of Arkansas · 1910
- Cree v. LewisSupreme Court of Colorado · 1910
- Spencer v. PettitCourt of Appeals of Texas · 1929
- Foster v. ThorntonSupreme Court of Florida · 1937
- Smith v. GreenCourt of Appeals of Texas · 1922
16 more not listed; retrieve them via the Exa API.