Stephenson v. Lewis
Supreme Court of Arkansas
Appeal from Woodruff Chancery - Court, Northern. District; A. L. Hutchins, Chancellor; The depositions of appellee and his wife were both •inadmissible because not transmitted by the notary to the clerk in the manner provided by statute. 115 Ark. 448; 99 Ark. 265; C. & M. Digest, § 4236. The statute is mandatory.
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Appeal from Woodruff Chancery - Court, Northern. District; A. L. Hutchins, Chancellor; The depositions of appellee and his wife were both •inadmissible because not transmitted by the notary to the clerk in the manner provided by statute. 115 Ark. 448; 99 Ark. 265; C. & M. Digest, § 4236. The statute is mandatory. The deposition of -appellee’s wife was inadmissible in any event, as she was incompetent, to testify for her husband in a suit between her husband and a third party. Witham v. State, 149 Ark. 324. Appellee has not overcome the burden of showing the abrogation of the written contract,…
1Opinion of the CourtSmith, J.
Appellant-Stephenson was-the plaintiff below, and brought this suit in equity to enforce his lien as a landlord against the proceeds of certain cotton received and sold by appellee Lewis (defendant below) wbo is a merchant, and who furnished Lewellen, the tenant, the money and supplies to make the crop grown during the year 1920 upon the demised premises. The parties occupied the same relations to each other during the year 1919, except that the rental contract for that year provided for an agreed share of the crop. Stephen-' son testified that Lewellen failed to cultivate a portion of the…
2Cases cited6 opinions
- Missouri & North Arkansas Railroad v. JohnsonSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. WebsterSupreme Court of Arkansas · 1911
- Von Berg v. GoodmanSupreme Court of Arkansas · 1908
- Thompson v. MeadIllinois Supreme Court · 1873
- Few v. MitchellSupreme Court of Arkansas · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Anthony v. PenningtonSupreme Court of Arkansas · 1931
- Bonds v. LloydSupreme Court of Arkansas · 1977