Chipman v. Perdue
Supreme Court of Arkansas
Appeal from Union Circuit Court; C. W. Smith, Judge; •1. The claim was not properly authenticated. Kirby’s Digest, § 114; 66 Ark. 327; 48 Id. 304; Kirby’s Digest, § 7799; 70 Ark. 449. 2. It was error to refuse a jury trial. 109 Ark. 534; 4 Id. 158; 56 Id. 391; 75 Id. 443. It was not waived. K. & C. Dig., § § 7609, 7651. 3. The court erred in not suppressing the deposition of Alex Perdue.
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Appeal from Union Circuit Court; C. W. Smith, Judge; •1. The claim was not properly authenticated. Kirby’s Digest, § 114; 66 Ark. 327; 48 Id. 304; Kirby’s Digest, § 7799; 70 Ark. 449. 2. It was error to refuse a jury trial. 109 Ark. 534; 4 Id. 158; 56 Id. 391; 75 Id. 443. It was not waived. K. & C. Dig., § § 7609, 7651. 3. The court erred in not suppressing the deposition of Alex Perdue. Kirby’s Dig., § 3093. He was not a competent witness. 1. The judgment is not contrary to the evidence. The evidence fails to show payment. 2. If a trial by jury had been granted appellee would have been…
1Opinion of the CourtHumphreys, J.
On the 28th day of October, 1915, Alex Perdue presented to appellant, administrator of the estate of J. J. W. Smith, deceased, a note of date February 20, 1904, for allowance, showing a balance due thereon of $1,446.21, after deducting all credits which were entered on the back of the note. Attached to the note was an affidavit of authentication. Appellant disallowed the claim, whereupon appellee presented the claim to the probate court of Union County, Arkansas, upon due notice to the administrator. The probate court allowed the claim, from which an appeal was prosecuted to the circuit court…
2Cases cited8 opinions
- Ward v. StarkSupreme Court of Arkansas · 1909
- Dawkins v. PetteysSupreme Court of Arkansas · 1915
- Hempstead v. JohnstonSupreme Court of Arkansas · 1856
- Ex parte MillerSupreme Court of Arkansas · 1886
- Clark v. LathamSupreme Court of Arkansas · 1867
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3Cited by4 opinions
- Bretch v. WhiteSupreme Court of Oklahoma · 1937
- Spicer v. Colonial Penn Life InsuranceSupreme Court of Arkansas · 1970
- Houston v. CarsonSupreme Court of Arkansas · 1951
- Supreme Life and Casualty Co. v. WallsSupreme Court of Arkansas · 1930