Huckaby v. Holland
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; James Cochran, Judge; A new trial should have been granted because the verdict was not supported by the evidence. C. & M. Digest, §311, par. 6; 137 g. W. 925; 135 S. W. 922. The court should have granted a new trial upon the grounds of newly discovered evidence, sufficient diligence having been shown. C. & M. Digest, §1311, par. 7; 26 Ark. 496; 92 Ark. 519. It must be sustained by affidavits showing its truth.
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Appeal from Crawford Circuit Court; James Cochran, Judge; A new trial should have been granted because the verdict was not supported by the evidence. C. & M. Digest, §311, par. 6; 137 g. W. 925; 135 S. W. 922. The court should have granted a new trial upon the grounds of newly discovered evidence, sufficient diligence having been shown. C. & M. Digest, §1311, par. 7; 26 Ark. 496; 92 Ark. 519. It must be sustained by affidavits showing its truth. Kirby’s Digest, §6219. The affidavits of Corbin Holland, Lizzie Burket, his attorneys and Crawford were of sufficient probative force to entitle him…
1Opinion of the CourtMcCulloch, C. J.
D. C. Holland and appellant, T. R. Huckaby, executed a promissory note to appellee, J. F. Holland, for the sum of $1,100, the price of an automobile sold by appellee to D. C. Holland. Appellant’s name appears signed to the note as one of the joint makers, but, according to the undisputed evidence, he signed merely as surety for D. C. Holland. The note concludes with the following clause: “The above note was given for Dodge car.” This is a suit on the note, and the only defense is that the note, when signed, contained a clause retaining title to the automobile in appellee as the seller…
2Cited by2 opinions
- Pendergrass v. StateSupreme Court of Arkansas · 1923
- McFadden v. A. B. Richards Medicine Co.Supreme Court of Arkansas · 1926