Longer v. Beakley
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; R. E. Jeffery, Judge; 1. The court erred in permitting the introduction of irrelevant testimony.
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Appeal from Lawrence Circuit Court, Eastern District; R. E. Jeffery, Judge; 1. The court erred in permitting the introduction of irrelevant testimony. The testimony as to the signing of Mrs. Baulch’s name and as to the engagement were attempts to impeach the witnesses by contradicting them upon immaterial matters, which is not permissible. 34 Ark. 485; 58 Ark. 125; 59 Ark. 435; 72 Ark. 409. 2. The testimony of Stone, Davies and others to the effect that Frankring had stated to them that he had $1,000 life insurance payable to Annie and Bertie, and that of Davies and others that Frankring…
1DissentMcCulloch, C. J.
The sole question at issue in the last trial of this case was whether or not Frankring authorized the change of his designation of beneficiaries from his children to the appellant, Mrs. Longer. Appellant adduced affirmative, direct evidence that the change was authorized. Such was the testimony of Pinchback, who stated that he signed Frankring’s name to the instrument of writing directing the change, and did so in the latter’s presence and upon express authority from him. No witness directly contradicted that statement. I maintain that the testimony as to Frank-ring’s subsequent statements…
2Cases cited7 opinions
- Gibson v. GibsonSupreme Court of Missouri · 1857
- Bush v. BushSupreme Court of Missouri · 1885
- Leslie v. McMurtrySupreme Court of Arkansas · 1895
- Crow v. WatkinsSupreme Court of Arkansas · 1886
- Finn v. HempsteadSupreme Court of Arkansas · 1863
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