Shaffstall v. Downey
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; /. W. Meeks, Judge: The court should have held juror Mack to be an incompetent juror. Kirby’s Dig., § 4491. The presumption is that an offered juror is incompetent until he is shown to be competent. When relationship is once shown to exist, the burden of showing that the' proposed juror is competent devolves upon the plaintiff, or the juror. 41 Tex. 573; 37 S. E., 626; 47 Me. 593; 64 Ind. 133. 12 Tex.
Read the full summary
Appeal from Randolph Circuit Court; /. W. Meeks, Judge: The court should have held juror Mack to be an incompetent juror. Kirby’s Dig., § 4491. The presumption is that an offered juror is incompetent until he is shown to be competent. When relationship is once shown to exist, the burden of showing that the' proposed juror is competent devolves upon the plaintiff, or the juror. 41 Tex. 573; 37 S. E., 626; 47 Me. 593; 64 Ind. 133. 12 Tex. A-pp. 163. All costs after the offer to confess judgment should have been adjudged against plaintiff. 44 Ark. 562; 76 Id. 326. The judgment should have been…
1Opinion of the CourtHart, J.
This was air action of replevin brought by A. N. Downey before a justice of the peace to recover a mare upon which he had a mortgage. He alleged that there was a balance due of $104.83, a portion of which ($18.48) was interest upon the purchase price of a span of mules. The object of the suit was the foreclosure of the mortgage.
Frank Shaffstall, the defendant, in his answer admitted that there was $86.35 due 01:1 the original mortgage, but pleaded as an offset an account against plaintiff for nursing in his family during the illness of plaintiff and of his mother. .He denied that he owed…
2Cases cited1 opinion
- Petsinger v. BeaverSupreme Court of Arkansas · 1884
3Cited by6 opinions
- Carton v. Missouri Pacific RailroadSupreme Court of Arkansas · 1993
- Harper v. FutrellSupreme Court of Arkansas · 1942
- Pierce v. SicardSupreme Court of Arkansas · 1928
- Fore v. ChenaultSupreme Court of Arkansas · 1925
- Passwater Chevrolet Company v. WhittenSupreme Court of Arkansas · 1928
1 more not listed; retrieve them via the Exa API.