Stillwell v. Badgett
Supreme Court of Arkansas
■ Appeal from Pulaski Circuit Court. Hon. Join? J. Clemdenin, Circuit Judge. An answer responsive' to the bill is evidence for the defendant, but matters averred in avoidance are not. An answer admitting payment, but averring that it was made on a different account from that charged in the bill, is not responsive so as to be evidence for the defendant. A retainer of a party as counsel may be inferred from circumstances.
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■ Appeal from Pulaski Circuit Court. Hon. Join? J. Clemdenin, Circuit Judge. An answer responsive' to the bill is evidence for the defendant, but matters averred in avoidance are not. An answer admitting payment, but averring that it was made on a different account from that charged in the bill, is not responsive so as to be evidence for the defendant. A retainer of a party as counsel may be inferred from circumstances. A new promise to avoid the plea of the statute of limitations must be specially replied. Reynold et al. vs. Dunn, 3 Eng. 49. It is in the discretion of the court to grant or…
1Opinion of the CourtJustice Fairchild
This suit having been begun in March, the trial being in the succeeding May, the absent witness named in Fowler’s application for a continuance residing in western Texas, so that according to the affidavit for a continuance there had not been time for Fowler to procure his testimony, the application would doubtless have been successfully addressed to the discretion of the court, had not the question been raised of its inadmissibility under the pleadings of Fowler.
The object of the testimony desired was to prove certain items in the set-off of Fowler, of an older date than three years before…
2Cases cited3 opinions
- Cushmam v. ShepardNew York Supreme Court · 1848
- Ruddell v. FolsomSupreme Court of Arkansas · 1853
- State v. HawkinsSupreme Court of Arkansas · 1849
3Cited by6 opinions
- Spear Mining Co. v. ShinnSupreme Court of Arkansas · 1910
- Puckett v. StateSupreme Court of Arkansas · 1902
- Shirey v. ClarkSupreme Court of Arkansas · 1904
- Purcell Mill & Elevator Co. v. KirklandCourt Of Appeals Of Indian Territory · 1898
- Shinn v. StateSupreme Court of Arkansas · 1910
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