Yarbrough v. Arnold
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court. Hon. Abner A. Stith, Circuit Judge. One cannot make testimony for himself, and all such should be rejected; 1 Stark. Ev., part 2, p. 121, et seq.; ^and all testimony not touching the issue should be rejected, lb., part 3, 386. Books under title of “ codes,” with notes, etc., cannot be introduced as testimony. Dixon vs. Thatcher et al., 14 Aik. 141; Sec. 2, p. 490, Ark. Dig.
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Appeal from Ouachita Circuit Court. Hon. Abner A. Stith, Circuit Judge. One cannot make testimony for himself, and all such should be rejected; 1 Stark. Ev., part 2, p. 121, et seq.; ^and all testimony not touching the issue should be rejected, lb., part 3, 386. Books under title of “ codes,” with notes, etc., cannot be introduced as testimony. Dixon vs. Thatcher et al., 14 Aik. 141; Sec. 2, p. 490, Ark. Dig. Proof of identity of property is essential to the action of replevin. Hill vs. Robinson, 16 Ark. 90; 2 Saund. PI. Sp Ev'. 760. Bill of sale or deed, to protect innocent purchasers, ought…
1Opinion of the CourtChief Justice English
Replevin for a slave named Tom, brought in the Ouachita Circuit Court, by Rufus E. Arnold and wife, Wildred 31., and Joel, Samuel, and Malcome M. Burlce, minors, by Arnold, as their guardian, against Wm. Yarbrough. The suit was commenced in August, 1853, and the slave sued for is described in the declaration as being a man of dark complexion, and about twenty-five years of age. The case was tried upon the pleas of non detinet, and property in defendant, verdict for plaintiffs, motion for new trial overruled, bill of exceptions, and appeal by defendant.
During the progress of the cause in the…
2Cases cited3 opinions
- Oden v. StubblefieldSupreme Court of Alabama · 1842
- O'Neill v. HendersonSupreme Court of Arkansas · 1854
- Griffin v. GanawaySupreme Court of Alabama · 1845
3Cited by5 opinions
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- Lowe v. HartSupreme Court of Arkansas · 1910
- Roebke v. AndrewsWisconsin Supreme Court · 1870
- Stone v. BirdSupreme Court of Kansas · 1876
- Tatum v. MohrSupreme Court of Arkansas · 1860