Burr & Co. v. Daugherty
Supreme Court of Arkansas
Appeal from Independence Circuit Court. Hon. William C. Sevens, Circuit Judge. That the court erred in permitting the plaintiff to recall Ledger, and examine him in chief, and upon the same subject that he had been examined upon, see Freleigh vs. The State, 8 Miss. R. 606; Brown vs. Burris, 8 Miss. R. 26; ü. S. vs. Wilson, 1 Bald. Rep. 79; People vs. Mather, 4 Wend. Rep. 229; Law vs. Merrells, 6 Wend. Rep. 26v8;v Hughes vs. Mulvey, 1 Sandf. Sup. Ct.
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Appeal from Independence Circuit Court. Hon. William C. Sevens, Circuit Judge. That the court erred in permitting the plaintiff to recall Ledger, and examine him in chief, and upon the same subject that he had been examined upon, see Freleigh vs. The State, 8 Miss. R. 606; Brown vs. Burris, 8 Miss. R. 26; ü. S. vs. Wilson, 1 Bald. Rep. 79; People vs. Mather, 4 Wend. Rep. 229; Law vs. Merrells, 6 Wend. Rep. 26v8;v Hughes vs. Mulvey, 1 Sandf. Sup. Ct. Bcp. 92. The instructions given by the court on the motion of the plaintiff and on its on motion were erroneous, or abstract, or inapplicable to…
1Opinion of the CourtChief Justice English
In July, 1855, the keel boat Fashion, belonging to Daugherty, was ascending the White river, from Jacksonport to Buffalo City, with a cargo of salt; and on reaching Batesville it was found that the river was too low for the boat to get up higher without putting' off part of her load. — accordingly, an officer of the boat, on the 7th of July, made a contract with the firm of Burr & Co., (composed of Burr and Archer,) who were merchants at Batesville, and kept a wharehouse on the bank of the river, to receive on storage about 460 sacks of salt. The salt was put out of the boat, on the sand bar,…
2Cases cited4 opinions
- Freleigh v. StateSupreme Court of Missouri · 1844
- Carrel v. EarlyCourt of Appeals of Kentucky · 1815
- Norton v. Doe ex dem. SandersCourt of Appeals of Kentucky · 1833
- Caldwell v. FenwickCourt of Appeals of Kentucky · 1834
3Cited by2 opinions
- Scott-Mayer Commission Co. v. Merchants' Grocer Co.Supreme Court of Arkansas · 1921
- Vantreese v. McGeeIndiana Court of Appeals · 1901