Hill, McLean & Co. v. Rucker
Supreme Court of Arkansas
Appeal from the Circuit Court of Desha county'. Hon. J. C. Murray, Circuit Judge, presiding. The court evidently erred in giving the instruction to the jury that the deposition was some evidence but not sufficient for tliem to find a verdict: the plaintiff should have proved that the defendant had either ordered or received the goods: Because, 1st, The court transcended its authority and invaded the province of the jury who were the judges of the weight and sufficiency of…
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Appeal from the Circuit Court of Desha county'. Hon. J. C. Murray, Circuit Judge, presiding. The court evidently erred in giving the instruction to the jury that the deposition was some evidence but not sufficient for tliem to find a verdict: the plaintiff should have proved that the defendant had either ordered or received the goods: Because, 1st, The court transcended its authority and invaded the province of the jury who were the judges of the weight and sufficiency of the testimony, Jones vs. Yarborough, 2 Ala. 524. Trotter vs. Sanders et al. 7 /. /. Marsh. 321. 2d. The instruction was…
1Opinion of the CourtChief Justice Watkins
This was an action of assumpsit by Hill, McLean & Co , against the appellee. The declaration contains the common counts for goods sold and delivered, money paid, for interest and on account stated. The only evidence adduced to sustain the action was the deposition of a witness, taken in New Orleans, who states, “that the account marked A, hereto annexed, showing a balance due to Hill, McLean & Co., of five hundred and forty-seven dollars and fifty cents, by Edmond P. Rucker is correct;” and he also annexed to his deposition the invoices marked B, and three hills of lading marked 1, 2 and 3.…
2Cases cited3 opinions
- Goodrich v. FritzSupreme Court of Arkansas · 1842
- Martin v. WebbSupreme Court of Arkansas · 1843
- Fagan v. FaulknerSupreme Court of Arkansas · 1843
3Cited by3 opinions
- Ordway v. Boston & Maine RailroadSupreme Court of New Hampshire · 1898
- Cowan v. PatrickSupreme Court of Arkansas · 1969
- Bryan v. PinneyArizona Supreme Court · 1889