Geiser Manufacturing Co. v. Davis
Supreme Court of Arkansas
Appeal from Carroll Circuit Court, Eastern District; J. S. Maples, Judge; 1. Oral evidence is not admissible to vary or contradict a written instrument, and the verdict is contrary to the evidence. 2. .Improper argument of counsel was allowed by the court. 3. Instruction 5 was palpable error. 4. Instruction G is also erroneous, and the verdict is so unjust and unreasonable that it is shocking to a sense of justice. 1. Instruction 5, taken in connection with the other…
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Appeal from Carroll Circuit Court, Eastern District; J. S. Maples, Judge; 1. Oral evidence is not admissible to vary or contradict a written instrument, and the verdict is contrary to the evidence. 2. .Improper argument of counsel was allowed by the court. 3. Instruction 5 was palpable error. 4. Instruction G is also erroneous, and the verdict is so unjust and unreasonable that it is shocking to a sense of justice. 1. Instruction 5, taken in connection with the other instructions given, states the law correctly. 47 Ark. 378; 38 Id. 413; 87 Id. 602; 102 Id. 460; 96 Id. 531; 96 Id. 184. 2.…
1Opinion of the Court
. McCulloch, C. J.
Appellee instituted this action against appellant in the circuit court for the Eastern District of Carroll County to recover possession of a sawmill outfit. He alleged that he was the owner of said property and that appellant had wrongfully taken possession of same and refused .to surrender it.
Appellant answered, denying that the property belonged to appellee. The answer contained a cross complaint, alleging that appellant had originally sold the property to appellee and that appellee had executed to appellant notes aggregating the sum of $835 for balance of purchase price…
2Cases cited5 opinions
- McClure v. HillSupreme Court of Arkansas · 1880
- Jones v. HornSupreme Court of Arkansas · 1888
- Knox v. HellumsSupreme Court of Arkansas · 1882
- Justice v. MooreWest Virginia Supreme Court · 1911
- McMahill v. WalkerMissouri Court of Appeals · 1886
3Cited by5 opinions
- Carter Sp. Sch. Dist. v. Hollis Sp. Sch. Dist.Supreme Court of Arkansas · 1927
- Carter Special School District v. Hollis Special School DistrictSupreme Court of Arkansas · 1927
- Lavaca School District No. 3 v. Charleston School District No. 9Supreme Court of Arkansas · 1990
- Barton v. BowlinSupreme Court of Arkansas · 1914
- Foster v. Polk Chevrolet Co.Supreme Court of Arkansas · 1961