Huffman v. Sudbury
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Chickasawba District; W. J. Driver, Judge; 1. This is the second appeal, and for the facts see 117 Ark. 628,174 S. W. 1149. 2. Instruction No. 6 for defendant invades the province of the jury.
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Appeal from Mississippi Circuit Court, Chickasawba District; W. J. Driver, Judge; 1. This is the second appeal, and for the facts see 117 Ark. 628,174 S. W. 1149. 2. Instruction No. 6 for defendant invades the province of the jury. It singles out the testimony of a particular witness and gives undue prominence thereto. 1 Blachfield on Instructions, etc., § 106; 37 Ark. 219; 57 Id. 520; 58 Id. 109; 117 S. W. 574; 62 Ala. 161; 162 U. S. 675; 145 S. W. 559, 1007; 57 Mo. 138; 107 Ala. 59; 95 Ga. 701;' 84 N. W. 621, and others. 3. The said instruction No. 6 is argumentative. 188 S. W. 117; 31 Ark.…
1Opinion of the CourtSmith, J.
The facts out of which the present litigation arises are stated in the opinion rendered upon the former appeal. 117 Ark. 628. Such of the facts as are material to an understanding of the questions raised on this appeal may be summarized as follows: Doctor Bugg sold a tract of land to Huffman and Hunter, for $21,400, of which $10,400 was paid in cash, and notes were executed for the balance. Hunter furnished his half of this cash payment, and, in addition, loaned Huffman $5,000, with which to pay his half, and, by way of security therefor, Huffman gave Hunter a note and executed a mortgage on…
2Cases cited1 opinion
- Huffman v. SudburySupreme Court of Arkansas · 1915
3Cited by1 opinion
- St. Louis-San Francisco Railway Co. v. CoxSupreme Court of Arkansas · 1926