Legal Opinion

Butler, Gibb & Co. v. Henry

Supreme Court of Arkansas

Decided November 15, 1886PublishedCited by 1 opinion

APPEAL from Miller Circuit Court. Hon. C. E. Mitchel, Judge. The court erred in excluding the depositions of Mitchell and Maxwell, and the exhibits thereto. “Where the existence of a person, a personal relation, or a state of things is once established by proof, the law presumes that the person, relation or state of things continues to exist as before, until the contrary is shown, or until a different presumption is raised from the nature of the subject in question.”

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APPEAL from Miller Circuit Court. Hon. C. E. Mitchel, Judge. The court erred in excluding the depositions of Mitchell and Maxwell, and the exhibits thereto. “Where the existence of a person, a personal relation, or a state of things is once established by proof, the law presumes that the person, relation or state of things continues to exist as before, until the contrary is shown, or until a different presumption is raised from the nature of the subject in question.” “On the same ground, a partnership, or other similar relation, once shown to exist is presumed to continue, until it is…

1Opinion of the Court

Smoots, Sp. J.

The appellants, Butler, Gibb & Co., sued Frank M. Henry and others, as partners, under the firm, name of the “Carolina Building Company,” on an account for shingles, of the date of July 24, 1878, for the sum of $141.63.

The issues were disposed of as to the other defendants without contest; but Henry answered, denying, in substance, that he was a member of said company at the tim© of the making of the contract sued on, and his liability on the same.

The verdict and judgment were for Henry, and Butler,. Gibb & Co. have brought the case here by appeal.

The only question before us is…

2Cases cited4 opinions

  1. Montgomery & Wetumpka Plank-Road Co. v. WebbSupreme Court of Alabama · 1855
  2. Barelli v. LytleSupreme Court of Louisiana · 1849
  3. Hood v. HoodSupreme Court of Pennsylvania · 1859
  4. Mullen v. PryorSupreme Court of Missouri · 1848

3Cited by1 opinion

  1. Eudora Motor Company v. WomackSupreme Court of Arkansas · 1937

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