Cash v. Kirkham
Supreme Court of Arkansas
Appeal from Pike Circuit Court. It was error to permit the plaintiff to testify as to transactions with the appellant’s intestate. Sand. & H. Dig., § 2914; sec. 2, schedule, Const, of Ark. 1874; 26 Ark. 476; 51 Ark. 401; 52 ib. 550; 54 ib. 185-6; 30 Ark. 285, 295. The evidence does not sustain the judgment.
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Appeal from Pike Circuit Court. It was error to permit the plaintiff to testify as to transactions with the appellant’s intestate. Sand. & H. Dig., § 2914; sec. 2, schedule, Const, of Ark. 1874; 26 Ark. 476; 51 Ark. 401; 52 ib. 550; 54 ib. 185-6; 30 Ark. 285, 295. The evidence does not sustain the judgment. When a contract is proved, the surviving party can testify to amount of services and value; for such is neither a transaction with, nor statement of, deceased. 38 Hun, 157. The constitution does not exclude the testimony of parties with deceased persons, except as to transactions which are…
1Opinion of the CourtBattle, J.
Z. L. Kirkham presented two accounts against the estate of John H. Cash, deceased,—one for one hundred and seventy eight dollars and the other for thirteen dollars,— for allowance. The accounts were principally for services rendered the deceased and his family by Kirkham. They were disallowed by the administrator, and were then filed in the probate court, where they were allowed in full. The administrator appealed to the circuit court, and Kirkham recovered a judgment on them for one hundred and twenty dollars; and the administrator appealed.
Only two witnesses testified in the case: “J. P.…
2Cases cited1 opinion
- Peck v. MckeanSupreme Court of Iowa · 1876
3Cited by8 opinions
- Barnett's Administrator v. BrandCourt of Appeals of Kentucky · 1915
- Williams v. WaldenSupreme Court of Arkansas · 1907
- Rankin v. MorganSupreme Court of Arkansas · 1937
- Anderson v. CaulkCourt of Appeals of Texas · 1928
- McCall v. OwensCourt of Appeals of Texas · 1934
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