Kirby v. Wooten
Supreme Court of Arkansas
Appeal from Lee Circuit Court; J. M. Jackson, Judge; 1. It was error to direct a verdict. The Maynard estate was indebted to Kirby in some amount, and the matter should have been submitted to a jury. 120 Ark. 206. See also 103 Ark. 401; 101 Id. 22; 96 Id. 394; 147 S. W. 93; 140 Id. 996; 131 Id. 947. 1. Kirby’s testimony was inadmissible, and there was no testimony to prove Kirby’s elaim.
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Appeal from Lee Circuit Court; J. M. Jackson, Judge; 1. It was error to direct a verdict. The Maynard estate was indebted to Kirby in some amount, and the matter should have been submitted to a jury. 120 Ark. 206. See also 103 Ark. 401; 101 Id. 22; 96 Id. 394; 147 S. W. 93; 140 Id. 996; 131 Id. 947. 1. Kirby’s testimony was inadmissible, and there was no testimony to prove Kirby’s elaim. There was nothing to submit to a jury, and a verdict was properly directed. 2. There is evidence sufficient to show that March 2, 1916, there was a settlement to date and a balance struck. A new contract was…
1Opinion of the Court
WOOD, J.,
(after stating the facts). The court was correct in excluding the testimony of Kirby concerning his alleged transactions with Maynard, and the statements alleged to have been made by Maynard to him concerning his account. But after excluding' this testimony there was testimony making it an issue, for the jury to determine whether or not the estate of Maynard was indebted to Kirby, and the amount, if any, of such indebtedness.
Wooten, who was present when the note and mortgage were executed by Kirby to Maynard, testified that he heard Maynard tell Kirby that he would give him credits…
2Cases cited2 opinions
- Barrentine v. Henry Wrape Co.Supreme Court of Arkansas · 1915
- Williams v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1912
3Cited by8 opinions
- Mosley v. RainesSupreme Court of Arkansas · 1931
- Mikel v. Development Co.Supreme Court of Arkansas · 1980
- Carson v. Dierks Lumber Coal CompanySupreme Court of Arkansas · 1938
- Heard v. Farmers' Bank of HardySupreme Court of Arkansas · 1927
- Adams v. BrowningSupreme Court of Arkansas · 1938
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