Legal Opinion

Smith v. Jackson

Supreme Court of Arkansas

Decided March 25, 1918PublishedCited by 3 opinions

Appeal from Lafayette Circuit Court; George R. Haynie, Judge; The instruction given by the court was not based upon the evidence., hi or is it the law. It was misleading and prejudicial. 59 Ark. 417; 37 Id. 333; lb. 593; lb. 580; 90 Id. 78; 90 Id. 278, 378; 80 Id. 260; 101 Id. 548; 70 Id. 441; 74 Id. 19; 71 Id. 518; 69 Id. 380; 78 Id. 177; 41 Id. 382; 58 Id. 324; 125 Id. 260. 1. There is no error in the instruction.

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Appeal from Lafayette Circuit Court; George R. Haynie, Judge; The instruction given by the court was not based upon the evidence., hi or is it the law. It was misleading and prejudicial. 59 Ark. 417; 37 Id. 333; lb. 593; lb. 580; 90 Id. 78; 90 Id. 278, 378; 80 Id. 260; 101 Id. 548; 70 Id. 441; 74 Id. 19; 71 Id. 518; 69 Id. 380; 78 Id. 177; 41 Id. 382; 58 Id. 324; 125 Id. 260. 1. There is no error in the instruction. It states the law. 100 Ark. 336. 2. The verdict is supported by the evidence. It was purely a question of fact. The sale was bogus and there was collusion.

1Opinion of the CourtSmith, J.

The issue tried in the court below was whether an alleged sale of certain personal property made by Paul Smith to his brother, Sidney Smith, was made in fraud of Paul Smith’s creditors. It was insisted that if such a sale had been made that it was fraudulent, and therefore void. As bearing upon that question, counsel for Sidney Smith, who was the plaintiff in an action in replevin brought to recover the possession of the property in question, asked the court to Charge that fraud is never presumed but must be proved, whereupon the court charged the jury as follows:

‘ ‘ Gentlemen, under the law,…

2Cases cited1 opinion

  1. Mitchell v. StateSupreme Court of Arkansas · 1916

3Cited by3 opinions

  1. Thiel v. DoveSupreme Court of Arkansas · 1958
  2. McMillion v. ArmstrongSupreme Court of Arkansas · 1964
  3. McMillion v. ArmstrongSupreme Court of Arkansas · 1964

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