Swinton v. Cuffman
Supreme Court of Arkansas
Appeal from Clark Chancery Court; Jas. D. Shaver, chancellor; I. The demurrer should have been sustained and it was error to overrule it because Haynie, the trustee, was not retained as a party plaintiff. He was a real party in interest and could alone maintain the suit. Appellee was not a proper party and without legal capacity to sue. Kirby’s Digest, § § 5999-6002. 2. Cuffman’s books were inadmissible as evidence.
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Appeal from Clark Chancery Court; Jas. D. Shaver, chancellor; I. The demurrer should have been sustained and it was error to overrule it because Haynie, the trustee, was not retained as a party plaintiff. He was a real party in interest and could alone maintain the suit. Appellee was not a proper party and without legal capacity to sue. Kirby’s Digest, § § 5999-6002. 2. Cuffman’s books were inadmissible as evidence. No testimony was introduced that the books were regularly or fairly kept as books of original entry of either a deceased merchant or trader keeping accounts for goods or wares,…
1Opinion of the CourtWood, J.
This action was brought by the appellee as administratrix of the estate of J. H. Cuffman against the appellants. The action was based on a promissory note in the sum of $952.85, which the appellants had executed to J. H. Cuffman and to secure the payment of the note they had also executed a deed of trust on 180 acres of land in Clark County. W. E. Haynie was named as trustee.
Appellee alleged that Cuffman died March 17, 1917, and that she was duly appointed administratrix of his estate; that appellants executed the note March 23, 1913, which was due January 1,1914; that the sum of $950 had…
2Cases cited6 opinions
- Love v. CahnSupreme Court of Arkansas · 1909
- Whipple v. BakerSupreme Court of Arkansas · 1908
- Brown v. BrownSupreme Court of Arkansas · 1918
- Ledwidge v. Arkansas National BankSupreme Court of Arkansas · 1918
- Hill-Ingham Lumber Co. v. NealSupreme Court of Arkansas · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lyle v. Federal Union Insurance Co.Supreme Court of Arkansas · 1944
- Carroll v. JonesSupreme Court of Arkansas · 1963
- St. Louis Union Trust Company v. HammansSupreme Court of Arkansas · 1942
- Houston v. CarsonSupreme Court of Arkansas · 1951