Supreme Court of Arkansas, 1889

Crenshaw v. Bradley

Supreme Court of Arkansas · Decided November 15, 1889

52 Ark. 318

Cases that cite this one

2 later published cases cite this decision.

Drainage District No. 7 v. Stuart (Ark. 1912)
Stricklin v. Galloway (Ark. 1911)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

appeals: Waiver The appellant having failed to move the Circuit Court to dismiss the appeal for want of an affidavit for appeal, cannot be heard to raise the objection here. Wilson v. Dean, 10 Ark., 309; James v. Dyer, 31 Ark., 489.

Burden of proff. There was no proof that the defendant held the cotton as security for payment of a lien upon it, as counsel argues-Without denying the plaintiff’s title, he undertook to prove that he held the cotton by virtue of an agreement made with the plaintiff to the effect that he should sell it, and out of the proceeds pay the residue of an account which he claimed the plaintiff owed him. The court properly instructed the jury that-the burden was on the defendant to prove the defense thus alleged. Nothing else is complained of.

Affirm.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.