Legal Opinion

Bowden v. Spellman

Supreme Court of Arkansas

Decided June 9, 1894PublishedCited by 6 opinions

Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. 1. It was error to refuse to allow witness, Bowden,, to refresh his memory by reference to the memorandum which he had, and which he proposed to use for that purpose. 1 Gr.

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Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. 1. It was error to refuse to allow witness, Bowden,, to refresh his memory by reference to the memorandum which he had, and which he proposed to use for that purpose. 1 Gr. Ev. sec. 436. 2. The court erred in allowing witness, Muse, tosíate conversations had between him and Joe N. Martin as to the value of the goods, etc., sold after the date of the sale, and the reasons for making the sale. 9 Ark-92 ; 10 id. 429; 5 id. 13. It was not shown that Martin was in possession as the agent of Bowden ; and if it had been, his declarations would…

1Opinion of the CourtWood, J.

This was an action for damages growing out of an alleged illegal seizure of personal property which appellant claimed belonged to him, and was unlawfully levied upon and taken out of his possession by appellee, under writs of attachment from the United States court, commanding appellee, as United States marshal, to attach and safely keep the property of Martin Bros.

Appellee admitted the levy upon part of the property described in appellant’s complaint, but denied that it was the property of appellant, or in his possession when levied upon; says that he was not a party to. nor bound by the…

2Cases cited10 opinions

  1. Bassett v. BrownMassachusetts Supreme Judicial Court · 1870
  2. Bartlett v. DrakeMassachusetts Supreme Judicial Court · 1868
  3. Thompson v. PeckIndiana Supreme Court · 1888
  4. Railway Co. v. AmosSupreme Court of Arkansas · 1891
  5. Farwell v. HanchettIllinois Supreme Court · 1887

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3Cited by6 opinions

  1. Volusia County Bank v. BigelowSupreme Court of Florida · 1903
  2. McCormick v. DaggettSupreme Court of Arkansas · 1924
  3. Kansas City, Fort Scott & Memphis Railroad v. JoslinSupreme Court of Arkansas · 1905
  4. Simmons v. LuskSupreme Court of Arkansas · 1917
  5. H. D. Lee Mercantile Co. v. DieterSupreme Court of Kansas · 1930

1 more not listed; retrieve them via the Exa API.

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